Building Act 2004
139DConflict of interest—building assessors
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139D Conflict of interest—building assessors (1) A building assessor must not prepare an energy efficiency certificate for building work, in relation to a building, if the building assessor— (a) has a legal or equitable interest in the building; or
(b) has a financial interest in the building; or (c) is the certifier for the building work. (2) However, a building assessor who has a conflict of interest mentioned in subsection (1) (a) or (b) may prepare an energy efficiency certificate if— (a) the certificate is for— (i) proposed building work; or (ii) building work in relation to a building or part of a building that must not be occupied under section 76 (Occupation and use of buildings); and Example—part of building • a unit in a multi-unit development • an extension of an existing building (b) the building assessor gives the registrar a declaration of the assessor’s conflict of interest.
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