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Building Act 2004

Miscellaneous provisions - Civil proceedings and defences

392A: Territorial authority not liable

You could also call this:

"Councils can't be sued for things they do in good faith."

Illustration for Building Act 2004

You cannot take a territorial authority to court for something they did or did not do in good faith. This includes things they said or did not say in a statement or description required by section 35A. You also cannot take them to court for things they did or did not do with the information they got under section 42B(4) or 88(1A).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1568530.

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Government and voting > Local councilsCrime and justice > Courts and legal help
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Part 5Miscellaneous provisions
Civil proceedings and defences

392ATerritorial authority not liable

  1. No civil proceedings may be brought against a territorial authority or any member, employee, or agent of that authority for anything in good faith—

  2. stated in, or omitted from, a statement or description required by or provided under section 35A; or
    1. done or omitted to be done in relation to the information supplied to it under section 42B(4) or 88(1A).

      Notes
      • Section 392A: inserted, on , by section 24 of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).