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Building Act 2004

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

381: District Court may grant injunctions for certain continuing breaches

You could also call this:

“The local court can tell people to stop or fix unsafe buildings if no one else has done anything about it.”

The District Court can give an order or injunction in certain situations. This can happen if someone is breaking or about to break the rules about building work or building product use. It can also happen if a building is dangerous or unhealthy, if a building is at risk in an earthquake, or if a dam is dangerous, and the local authority hasn’t taken the right action.

The chief executive, a local council, a regional council, or certain other people can ask the court for this order. The court can give the order even if no one has been charged with a crime. If someone has been found guilty of breaking the rules, the court can give this order instead of or in addition to any other punishment, either during the same court case or later.

You don’t need to wait for someone to be charged with a crime before asking for this order. The court can give the order to stop the problem from happening or continuing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309033.

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

381District Court may grant injunctions for certain continuing breaches

  1. On the application of any person referred to in subsection (2), the District Court may grant an injunction or make some other appropriate order if it appears to the District Court that—

  2. a person is committing or is about to commit a breach of section 40 or section 168; or
    1. a building is dangerous or insanitary in terms of subpart 6 of Part 2 and the territorial authority has failed to take appropriate action; or
      1. a building or a part of a building is earthquake prone in terms of subpart 6A of Part 2 and the territorial authority has failed to take appropriate action; or
        1. a dam is dangerous in terms of subpart 7 of Part 2 and the regional authority has failed to take appropriate action.

          1. The persons are—

          2. the chief executive; or
            1. a territorial authority; or
              1. a regional authority; or
                1. any person referred to in section 176(g).

                  1. An injunction may be granted, or an order may be made, under subsection (1)—

                  2. even if proceedings for the offence constituted by the breach have not been taken; or
                    1. if the person is convicted of that offence, either—
                      1. in the proceedings for the offence, in substitution for, or in addition to, any penalty imposed for the offence; or
                        1. in subsequent proceedings.

                        Compare
                          Notes
                          • Section 381(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                          • Section 381(1)(a): amended, on , by section 86 of the Building Amendment Act 2008 (2008 No 4).
                          • Section 381(1)(b): amended, on , by section 37(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                          • Section 381(1)(ba): inserted, on , by section 37(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).