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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

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"People working with the Building Act are protected from being sued if they try to do the right thing."

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This section is about people who work with the Building Act 2004. It applies to the chief executive and their employees and agents. It also applies to people who help the chief executive make decisions under sections like section 187, section 207F, and subpart 6B of Part 2. If you are one of these people, you cannot be sued for something you did or did not do as long as you were trying to do the right thing under this Act. You are protected if you are a constable who uses a power under section 133BR, or if you help the chief executive make decisions under section 22(1) or section 25B, or if you provide advice to the Minister under section 272HB.

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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.

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Part 5Miscellaneous 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 person engaged by the chief executive to assist the chief executive in relation to decisions to be made under section 22(1) or 25B; and
                1. any person engaged by the chief executive to assist the chief executive in relation to decisions to be made under section 272HA; and
                  1. any person engaged to assist the chief executive to provide advice to the Minister in relation to decisions to be made under section 272HB; 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.

                        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).
                        • Section 390(1)(cd): inserted, on , by section 14 of the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025 (2025 No 19).
                        • Section 390(1)(ce): inserted, on , by section 14 of the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025 (2025 No 19).
                        • Section 390(1)(cf): inserted, on , by section 14 of the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025 (2025 No 19).