As a result of the Cave Creek tragedy, the Crown Organisations (Criminal Liability) Bill was introduced. The Select Committee in its report was generally supportive of the Bill.
The following points are of note:
One of the key purposes of the Bill is to remove the Crown's exemption from prosecution for offences under the Building Act 1991. This has been supported by the Committee. The Committee, however, struck out a proposed new offence under the Building Act 1991. The proposal would have made it an offence to use or permit to be used any structure or building for public use which had not been issued with a code compliance certificate or for which a necessary building consent was not obtained. Such a provision might have created significant practical difficulties, specifically, the potential for significant delays if a code compliance certificate is mandatory before occupation. The Committee noted that this issue would more appropriately fit within the current review of the Building Act being undertaken by the Department of Internal Affairs.This is a general summary only and should not be taken as a substitute for specific advice.
For further information, please contact James Hassall, solicitor:
james.hassall@phillipsfox.com
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