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Building Act 2004

Miscellaneous provisions - Civil proceedings and defences

393: Limitation defences

You could also call this:

“This law sets rules for how long people have to start a court case about building problems.”

The Limitation Act 2010 applies to civil legal actions against anyone involved in building work. This includes designing, constructing, changing, demolishing, or removing buildings. It also covers making modular components by registered manufacturers who are certified to make them. The law applies to people who perform duties related to these activities under this Act or previous laws.

You can’t take legal action against someone for building work if more than 10 years have passed since the act or omission that led to the problem.

For cases against local councils, building consent authorities, regional authorities, or the chief executive about building consents, code compliance certificates, or determinations, the 10-year period starts from when these documents were issued. For cases about energy work certificates, the 10-year period starts from when the certificate was issued.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309055.

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Part 5 Miscellaneous provisions
Civil proceedings and defences

393Limitation defences

  1. The Limitation Act 2010 applies to civil proceedings against any person if those proceedings arise from—

  2. building work associated with the design, construction, alteration, demolition, or removal of any building or the manufacture of a modular component manufactured by a registered MCM who is certified to manufacture it; or
    1. the performance of a function under this Act or a previous enactment relating to the construction, alteration, demolition, or removal of the building or the modular component.

      1. However, no relief may be granted in respect of civil proceedings relating to building work if those proceedings are brought against a person after 10 years or more from the date of the act or omission on which the proceedings are based.

      2. For the purposes of subsection (2), the date of the act or omission is,—

      3. in the case of civil proceedings that are brought against a territorial authority, a building consent authority, a regional authority, or the chief executive in relation to the issue of a building consent or a code compliance certificate under Part 2 or a determination under Part 3, the date of issue of the consent, certificate, or determination, as the case may be; and
        1. in the case of civil proceedings that are brought against a person in relation to the issue of an energy work certificate, the date of the issue of the certificate.

          Compare
            Notes
            • Section 393(1): amended, on , by section 58 of the Limitation Act 2010 (2010 No 110)
            • Section 393(1)(a): amended, on , by section 93(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
            • Section 393(1)(b): amended, on , by section 93(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
            • Section 393(2): amended, on , by section 58 of the Limitation Act 2010 (2010 No 110)