Plain language law

New Zealand law explained for everyone

Building Act 2004

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

379: Offence under more than 1 enactment

You could also call this:

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

If you do something that breaks the rules in the Building Act 2004 and another law at the same time, you can be punished under either the Building Act or the other law. This means the authorities can choose which law to use when they deal with your case. However, it’s important to know that you can’t be punished twice for the same action. Once you’ve been punished under one law, you won’t be punished again under the other law for the same thing 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=DLM309031.

Topics:

Crime and justice > Criminal law

Housing and property > Home safety and repairs

378: Time limit for filing charging document, or

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

380: What constitutes continuing offence, or

“Explains how breaking the rules over and over or not stopping something that's not allowed can be seen as one big ongoing mistake.”

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

379Offence under more than 1 enactment

A person who does any act or makes any default that constitutes an offence against this Act and any other Act may be proceeded against and punished either under this Act or under that other Act.
No one is liable to be punished under both this Act and under another Act in respect of the same act or default.