ACTIn ForceAct
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.
Limitation of liability Part 9