392 Building consent authority not liable

(1)

No civil proceedings may be brought against a building consent authority for anything done or omitted to be done in good faith in reliance on any of the following documents:

(a)

an acceptable solution or a verification method:

(b)

a determination made by the chief executive under subpart 1 of Part 3:

(c)

a current product certificate issued under subpart 7 of Part 3:

(ca)

a current national multiple-use approval issued under section 30F (including, in any particular case, any minor customisations permitted by regulations made under section 402(1)(kc)):

(d)

a code compliance certificate issued under section 95:

(e)

a certificate issued under any regulations made under the Electricity Act 1992 or the Gas Act 1992.

(2)

Subsection (3) applies if—

(a)

a building consent has been issued under section 72; and

(b)

the building consent authority has given a notification under section 73; and

(c)

the building consent authority has not given a notification under section 74(4) that it has determined that the entry made on the record of title of the land is no longer required; and

(d)

the building to which the building consent relates suffers damage arising directly or indirectly from a natural hazard.

(3)

The persons specified in subsection (4) are not liable in any civil proceedings brought by any person who has an interest in the building referred to in subsection (2) on the grounds that the building consent authority issued a building consent for the building in the knowledge that the building for which the consent was issued, or the land on which the building was situated, was, or was likely to be, subject to damage arising, directly or indirectly, from a natural hazard.

(4)

The persons are—

(a)

the building consent authority concerned; and

(b)

every member, employee, or agent of that building consent authority.

Compare: 1991 No 150 s 36(4)

Section 392 heading: amended, on 14 April 2005, by section 16(2)(s) of the Building Amendment Act 2005 (2005 No 31).

Section 392(1): amended, on 14 April 2005, by section 16(2)(o) of the Building Amendment Act 2005 (2005 No 31).

Section 392(1)(a): replaced, on 28 November 2013, by section 65 of the Building Amendment Act 2013 (2013 No 100).

Section 392(1)(ca): inserted, on 1 February 2010, by section 29 of the Building Amendment Act 2009 (2009 No 25).

Section 392(2)(b): amended, on 14 April 2005, by section 16(2)(q) of the Building Amendment Act 2005 (2005 No 31).

Section 392(2)(c): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 392(2)(c): amended, on 14 April 2005, by section 16(2)(q) of the Building Amendment Act 2005 (2005 No 31).

Section 392(3): amended, on 14 April 2005, by section 16(2)(p) of the Building Amendment Act 2005 (2005 No 31).

Section 392(4)(a): amended, on 14 April 2005, by section 16(2)(p) of the Building Amendment Act 2005 (2005 No 31).

Section 392(4)(b): amended, on 14 April 2005, by section 16(2)(p) of the Building Amendment Act 2005 (2005 No 31).