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Building Act 2004

Miscellaneous provisions - Other offences and criminal proceedings - Offences relating to administration of Act

367: Offence to obstruct execution of powers under this Act

You could also call this:

“It's against the law to stop people from doing their job when they're following the rules of this Act.”

You must not intentionally get in the way of, slow down, or stop someone who is using powers given to them by this Act or its rules. This is against the law.

This rule doesn’t apply to actions that are already covered by section 207S.

If you break this rule, you are committing a crime. If you are found guilty, you could be fined. If you’re an individual person, you might have to pay up to $50,000. If you’re a company or organisation, you might have to pay up to $150,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309012.

Topics:
Crime and justice > Criminal law
Housing and property > Home safety and repairs
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366: Offence to impersonate building consent authority or regional authority, etc, or

“It's against the law to pretend you're a building official when you're not.”

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368: Offence to remove or deface notices, or

“It's against the law to take down or mess up official notices, or ask someone else to do it.”

Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Offences relating to administration of Act

367Offence to obstruct execution of powers under this Act

  1. A person must not wilfully obstruct, hinder, or resist a person in the execution of powers conferred on that person by this Act or by the regulations.

  2. This section does not apply to conduct that is an offence under section 207S.

  3. A person who fails to comply with subsection (1)—

  4. commits an offence; and
    1. is liable on conviction,—
      1. in the case of an individual, to a fine not exceeding $50,000:
        1. in the case of a body corporate, to a fine not exceeding $150,000.

        Compare
          Notes
          • Section 367(1): amended, on , by section 87(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
          • Section 367(1A): inserted, on , by section 22 of the Building Amendment Act 2019 (2019 No 27).
          • Section 367(2): replaced, on , by section 87(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).