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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Powers of chief executive to investigate building failures

207N: Restrictions on sharing evidence or information

You could also call this:

“Rules about when and how people can share information collected during building failure investigations”

When someone is investigating a building failure, they can’t share the evidence or information they collect with other people. You can only share this information in certain situations. These situations are:

When you need to share it as part of the investigation.
When the people the information is about say it’s okay to share it.
When you’re giving it to a professional group as allowed by the law, or when that group needs it to do their job.
When it’s put in a report that’s made public.
When another law says you can share it.
When the information is already available for everyone to see.

Remember, these rules are there to protect people’s privacy and make sure the investigation is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS299302.

Topics:

Housing and property > Home safety and repairs

Crime and justice > Courts and legal help

Rights and equality > Privacy

207M: Power to require information or documents, or

“The chief executive can ask anyone for information to help figure out why a building failed.”

207O: Sharing evidence or information with occupational bodies, or

“The boss can share important information about building problems with groups that look after building workers.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Powers of chief executive to investigate building failures

207NRestrictions on sharing evidence or information

Any evidence or information collected in the investigation of a building failure under section 207C must not be provided by any person to any other person unless—
it is provided in exercising the powers of investigation; or
it is provided with the consent of the persons to whom it relates; or
it is provided to an occupational body under section 207O or is provided because the occupational body is performing its functions described in section 207O(6)(b); or
it is provided in a report published under section 207P; or
it is provided in accordance with another enactment; or
it is already publicly available.

Notes

Section 207N: inserted, on 17 December 2019, by section 20 of the Building Amendment Act 2019 (2019 No 27).