393 Limitation defences

(1)

The Limitation Act 2010 applies to civil proceedings against any person if those proceedings arise from—

(a)

building work associated with the design, construction, alteration, demolition, or removal of any building; or

(b)

the performance of a function under this Act or a previous enactment relating to the construction, alteration, demolition, or removal of the building.

(2)

However, no relief may be granted in respect of civil proceedings relating to building work if those proceedings are brought against a person after 10 years or more from the date of the act or omission on which the proceedings are based.

(3)

For the purposes of subsection (2), the date of the act or omission is,—

(a)

in the case of civil proceedings that are brought against a territorial authority, a building consent authority, a regional authority, or the chief executive in relation to the issue of a building consent or a code compliance certificate under Part 2 or a determination under Part 3, the date of issue of the consent, certificate, or determination, as the case may be; and

(b)

in the case of civil proceedings that are brought against a person in relation to the issue of an energy work certificate, the date of the issue of the certificate.

Compare: 1991 No 150 s 91

Section 393(1): amended, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110)

Section 393(2): amended, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110)