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Building Act 2004

Miscellaneous provisions - Other offences and criminal proceedings - Proceedings for offences generally

377: Filing charging document

You could also call this:

“People who can start a legal case about breaking building rules”

If someone breaks the rules in the Building Act 2004, certain people can file a charging document. This is like telling the court that the person did something wrong. You can file a charging document if you are:

  1. The chief executive
  2. A territorial authority
  3. A regional authority
  4. A responsible person under subpart 6B of Part 2, but only for offences under that subpart
  5. Any person mentioned in section 176(g)

These people are allowed to start the process of charging someone who has broken the rules in the Building Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309029.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Proceedings for offences generally

377Filing charging document

  1. Any of the following persons may file a charging document for an offence against this Act:

  2. the chief executive; or
    1. a territorial authority; or
      1. a regional authority; or
        1. a responsible person under subpart 6B of Part 2, for offences under that subpart; or
          1. any person referred to in section 176(g).

            Notes
            • Section 377 heading: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 377: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 377(ca): inserted, on , by section 24 of the Building Amendment Act 2019 (2019 No 27).