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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:

“How you can defend yourself if you're accused of breaking rules about building product information”

This part of the law tells you about ways you can defend yourself if you’re accused of breaking the rules about building product information. These rules are in section 362VB(2) and section 362VC(1).

You can defend yourself if you can show that you made a reasonable mistake or you relied on information someone else gave you.

You can also defend yourself if you can prove that someone else’s actions, an accident, or something you couldn’t control caused you to break the rules. But you need to show that you took reasonable care to try to follow the rules.

If you’re accused of breaking the rule in section 362VB(2)(c) or section 362VC(1), you have another way to defend yourself. This applies if you’re in the business of publishing advertisements. You need to show that you published the ad for someone else as part of your normal business, and you didn’t know or have any reason to think that publishing the ad would break the law.

You can also look at section 388 for more information about strict liability and defences.

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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:
Crime and justice > Criminal law
Housing and property > Home safety and repairs
Business > Industry rules
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362VC: False or misleading representations in relation to building products, or

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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 4B Building 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).