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 12 months to be charged for breaking the Building Act 2004 after someone in charge finds out."

If you do something against the Building Act 2004, there is a time limit for filing a charging document. This time limit is 12 months after the person who is in charge finds out, or should have found out, about what you did. This person could be the chief executive, a territorial authority, a regional authority, or someone responsible under subpart 6B of Part 2.

You should know that this time limit is different from what is stated in section 25 of the Criminal Procedure Act 2011. The 12-month time limit also applies if a responsible person under subpart 6B of Part 2, or any person referred to in section 176(g), finds out about what you did. This time limit starts when any of these people find out, or should have found out, about what you did.

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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.


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Part 5Miscellaneous 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).