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Building Act 2004

Miscellaneous provisions - Other offences and criminal proceedings - Miscellaneous offences

368: Offence to remove or deface notices

You could also call this:

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

You must not remove or deface any notice that has been published under this Act. You also must not encourage someone else to do this. If you do either of these things, you are breaking the law.

This rule doesn’t apply to actions that are already covered by section 133BT(6) of the Act.

If you don’t follow this rule, you are committing an offence. If you are found guilty, you can be fined. If you are an individual, the fine can be up to $50,000. If you are a company or organisation, the fine can be 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=DLM309014.

Topics:
Crime and justice > Criminal law
Housing and property > Home safety and repairs
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Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Miscellaneous offences

368Offence to remove or deface notices

  1. A person must not—

  2. wilfully remove or deface any notice published under this Act; or
    1. incite another person to do so.

      1. This section does not apply to conduct that is an offence under section 133BT(6).

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

      3. 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 368(1): amended, on , by section 88(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
              • Section 368(1)(a): amended, on , by section 88(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
              • Section 368(1)(b): amended, on , by section 88(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
              • Section 368(1A): inserted, on , by section 23 of the Building Amendment Act 2019 (2019 No 27).
              • Section 368(2): replaced, on , by section 88(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).