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Building Act 2004

Building product information requirements

362VD: Defences for offences against sections 362VB and 362VC

You could also call this:

"Defending yourself against building product information charges"

Illustration for Building Act 2004

You can defend yourself against charges related to sections 362VB and 362VC if you can prove certain things. You must prove that you made a reasonable mistake or relied on information from someone else. You can also defend yourself if someone else or an accident caused the problem and you took precautions to avoid it. You can defend yourself if you published an advertisement for someone else and did not know it would be against the law. You must be in the business of publishing advertisements and have published it as part of your normal work. You can also look at section 388 for more information about defences. You can use these defences if you are charged with an offence against section 362VB(2) or 362VC(1). You must prove that you did everything you could to follow the rules. This can help you if you are taken to court for not following the rules about building product information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753939.

Topics:
Money and consumer rights > Consumer protectionHousing and property > Home safety and repairsBusiness > Industry rules
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362VC: False or misleading representations in relation to building products, or

"Don't make false claims about building products"

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362VE: Notice to take corrective action, or

"A written warning asking someone to fix a mistake they made about building product information"

Part 4BBuilding product information requirements

362VDDefences for offences against sections 362VB and 362VC

  1. This section provides defences to a prosecution for an offence against section 362VB(2) or 362VC(1).

  2. It is a defence if the defendant proves that the failure to comply with section 362VB(2) or 362VC(1) was due to—

  3. a reasonable mistake; or
    1. reasonable reliance on information supplied to the defendant by another person.

      1. It is a defence if the defendant proves that—

      2. the failure to comply with section 362VB(2) or 362VC(1) was due to—
        1. the act or omission of another person; or
          1. an accident or to some other cause beyond the defendant’s control; and
          2. the defendant took reasonable precautions and exercised due diligence to avoid the failure.

            1. In relation to a failure to comply with section 362VB(2)(c) or 362VC(1), it is a defence if the defendant proves that they—

            2. are in the business of publishing, or arranging for the publication of, advertisements; and
              1. published, or arranged the publication of, the advertisement on behalf of another person in the ordinary course of that business; and
                1. did not know, and had no reason to suspect, that the publication of the advertisement would constitute an offence.

                  1. See also section 388 (strict liability and defences).

                  Notes
                  • Section 362VD: inserted, on , by section 84 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).