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Building Act 2004

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

378: Time limit for filing charging document

You could also call this:

“You have one year to file a charge for breaking this law after someone important finds out about it.”

You have 12 months to file a charging document for an offence against this Act. This time starts from when certain people first knew or should have known about the issue that led to the charge. These people are:

The chief executive, or someone from a territorial authority or regional authority. It could also be a responsible person under subpart 6B of Part 2, but only for offences under that subpart. Lastly, it could be any person mentioned in section 176(g).

This 12-month period applies even if section 25 of the Criminal Procedure Act 2011 says something different about time limits.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309030.

Topics:
Crime and justice > Criminal law
Housing and property > Home safety and repairs
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377: Filing charging document, or

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

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“If you break more than one law with one action, you can be charged with only one crime.”

Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Proceedings for offences generally

378Time limit for filing charging document

  1. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date when the matter giving rise to the charge first became known, or should have become known, to any of the following persons:

  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 378: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 378: amended, on , by section 91 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
            • Section 378(ca): inserted, on , by section 25 of the Building Amendment Act 2019 (2019 No 27).