Building Act 2004

Miscellaneous provisions - Civil proceedings and defences

392: Building consent authority not liable

You could also call this:

"The council can't be sued if they make a genuine mistake with a building consent."

If a building consent authority does something or does not do something in good faith, you cannot take them to court. This is because they relied on certain documents or matters, such as an acceptable solution or a verification method, building product specifications, or a determination made by the chief executive under subpart 1 of Part 3. They also relied on a current registered product certificate, a current manufacturer’s certificate for a modular component, or a current national multiple-use approval issued under section 30F.

If a building consent has been issued under section 72 and the building consent authority has given a notification under section 73, but not under section 74(4), you still cannot take them to court. This is the case even if the building gets damaged because of a natural hazard. The building consent authority and its members, employees, or agents are not liable in any court case.

You cannot sue the building consent authority if they issued a building consent for a building that was likely to be damaged by a natural hazard. This applies to the building consent authority and its members, employees, or agents. They are not liable if they issued the building consent in good faith, relying on documents like a code compliance certificate issued under section 95 or a certificate issued under the Electricity Act 1992 or the Gas Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309047.


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Part 5Miscellaneous provisions
Civil proceedings and defences

392Building consent authority not liable

  1. No civil proceedings may be brought against a building consent authority for anything done or omitted to be done in good faith in reliance on any of the following documents or matters:

  2. an acceptable solution or a verification method:
    1. any building product specifications:
      1. a determination made by the chief executive under subpart 1 of Part 3:
        1. a current registered product certificate:
          1. a current manufacturer’s certificate for a modular component:
            1. a current national multiple-use approval issued under section 30F (including, in any particular case, any minor customisations permitted by regulations made under section 402(1)(kc)):
              1. a code compliance certificate issued under section 95:
                1. a certificate issued under any regulations made under the Electricity Act 1992 or the Gas Act 1992.
                  1. Subsection (3) applies if—

                  2. a building consent has been issued under section 72; and
                    1. the building consent authority has given a notification under section 73; and
                      1. the building consent authority has not given a notification under section 74(4) that it has determined that the entry made on the record of title of the land is no longer required; and
                        1. the building to which the building consent relates suffers damage arising directly or indirectly from a natural hazard.
                          1. The persons specified in subsection (4) are not liable in any civil proceedings brought by any person who has an interest in the building referred to in subsection (2) on the grounds that the building consent authority issued a building consent for the building in the knowledge that the building for which the consent was issued, or the land on which the building was situated, was, or was likely to be, subject to damage arising, directly or indirectly, from a natural hazard.

                          2. The persons are—

                          3. the building consent authority concerned; and
                            1. every member, employee, or agent of that building consent authority.
                              Notes
                              • Section 392 heading: amended, on , by section 16(2)(s) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 392(1): amended, on , by section 15(1) of the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025 (2025 No 19).
                              • Section 392(1): amended, on , by section 16(2)(o) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 392(1)(a): replaced, on , by section 65 of the Building Amendment Act 2013 (2013 No 100).
                              • Section 392(1)(aa): inserted, on , by section 15(2) of the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025 (2025 No 19).
                              • Section 392(1)(c): replaced, on , by section 92 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                              • Section 392(1)(caa): inserted, on , by section 92 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                              • Section 392(1)(ca): inserted, on , by section 29 of the Building Amendment Act 2009 (2009 No 25).
                              • Section 392(2)(b): amended, on , by section 16(2)(q) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 392(2)(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 392(2)(c): amended, on , by section 16(2)(q) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 392(3): amended, on , by section 16(2)(p) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 392(4)(a): amended, on , by section 16(2)(p) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 392(4)(b): amended, on , by section 16(2)(p) of the Building Amendment Act 2005 (2005 No 31).