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Building Act 2004

Miscellaneous provisions - Civil proceedings and defences

390: Civil proceedings may not be brought against chief executive, employees, etc

You could also call this:

“You can't take certain people to court if they did their job properly under this law.”

This law protects certain people from being sued for things they do or don’t do while working on building matters. You can’t take these people to court if they were trying their best to do the right thing under this law.

The people protected include the chief executive and their employees or agents. It also covers people the chief executive asks to help with building decisions or investigate building problems. The law protects responsible people who have powers to deal with buildings after emergencies, and police officers who use special powers in those situations. It also covers members, employees, or agents of local councils, and people on committees set up by the chief executive or councils.

If any of these people make a mistake while doing their job under this law, you can’t sue them as long as they were acting in good faith. This means they were honestly trying to do the right thing, even if it didn’t work out perfectly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309043.

Topics:
Crime and justice > Courts and legal help
Housing and property > Home safety and repairs
Government and voting > Local councils
Government and voting > Emergency management
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389: Fines to be paid to territorial authority or regional authority instituting prosecution, or

“Money from fines for breaking this law goes to the local council that started the court case.”

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391: Civil proceedings against building consent authorities, or

“This law says people can only sue building authorities for mistakes in special ways, not for breaking promises.”

Part 5 Miscellaneous provisions
Civil proceedings and defences

390Civil proceedings may not be brought against chief executive, employees, etc

  1. This section applies to—

  2. the chief executive; and
    1. any employee or agent of the chief executive; and
      1. any person engaged by the chief executive under section 187 to assist the chief executive in relation to an application for a determination; and
        1. any person engaged by the chief executive under section 207F to exercise a power of investigation to assist in the investigation of a building failure; and
          1. a responsible person under subpart 6B of Part 2 and any person engaged or authorised by a responsible person under that subpart to exercise a power under that subpart; and
            1. a constable who exercises a power under section 133BR; and
              1. any member, employee, or agent of a territorial authority or regional authority; and
                1. any member of a committee appointed by the chief executive, a territorial authority, or a regional authority.

                  1. No civil proceedings may be brought against a person to whom this section applies for any act done or omitted to be done by that person in good faith under this Act.

                  Compare
                    Notes
                    • Section 390(1)(c): amended, on , by section 26(1) of the Building Amendment Act 2019 (2019 No 27).
                    • Section 390(1)(ca): inserted, on , by section 26(2) of the Building Amendment Act 2019 (2019 No 27).
                    • Section 390(1)(cb): inserted, on , by section 26(2) of the Building Amendment Act 2019 (2019 No 27).
                    • Section 390(1)(cc): inserted, on , by section 26(2) of the Building Amendment Act 2019 (2019 No 27).