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Building Act 2004

Miscellaneous provisions - Civil proceedings and defences

392: Building consent authority not liable

You could also call this:

“The building authority can't get in trouble for trusting official building documents and approvals.”

You can’t sue a building consent authority if they act in good faith based on certain documents. These documents include acceptable solutions, verification methods, determinations by the chief executive, registered product certificates, modular component manufacturer’s certificates, national multiple-use approvals, code compliance certificates, and certificates from electricity or gas regulations.

If a building consent is issued for a building in an area that might be affected by natural hazards, and the building consent authority has given proper notifications, they’re not responsible if the building is damaged by a natural hazard. This protection applies even if the authority knew the building or land was likely to be damaged by a natural hazard.

This protection from being sued covers not just the building consent authority, but also all of its members, employees, and agents.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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 5 Miscellaneous 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:

  2. an acceptable solution or a verification method:
    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.

                            Compare
                              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 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)(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).