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Building Act 2004

Miscellaneous provisions - Civil proceedings and defences

393: Limitation defences

You could also call this:

"Time limits for taking someone to court over building work problems"

If you are taking someone to court about building work, the Limitation Act 2010 applies. This is for work like designing, constructing, or altering a building. It also applies if you are taking someone to court about something they did under the Building Act. You can't take someone to court about building work if 10 years or more have passed since the problem happened. When working out the 10-year time limit, the date of the problem is usually when a building consent or code compliance certificate was issued under Part 2 or Part 3 of the Building Act, or when an energy work certificate was issued.

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This page was last updated on

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 5Miscellaneous 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.

          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)