23Contravening development

#### 23 Contravening development 23 Contravening development > > (1) If an improvement has been erected or altered or a subdivision has been made in contravention of this Part (a contravening improvement or contravening subdivision)— > > > > > (a) the contravention does not invalidate any instrument intended to affect or evidence the title to any land, but a purchaser may cancel any contract for sale and recover any deposit or instalment of purchase money paid together with reasonable costs and expenses (if the contravention relates to the land purchased), and > > > > > (b) a claim under Part 2 is not to be dealt with and payment is not to be made under this Act in respect of the following— > > > > > > > (i) any contravening improvement, any goods fixed or attached to a contravening improvement or any goods damaged as a consequence of damage to a contravening improvement, > > > > > > > > Note. > > > > > > > > For example, no claim may be made in respect of items placed in or around an unapproved house that are damaged by the collapse of that house. > > > > > > > (ii) any improvement on land within a contravening subdivision that was erected or altered after the land was subdivided, > > > > > > > (iii) any goods on land within a contravening subdivision for the purpose of erecting or altering an improvement. > > > (2) Despite subsection (1) (b), the Chief Executive may determine that a claim may be dealt with or a payment made under this Act in relation to the following— > > > > > (a) an improvement that is a residential building, if the Chief Executive is of the opinion that— > > > > > > > (i) the failure to obtain the approval was not the fault of the claimant, or > > > > > > > (ii) exceptional circumstances exist, > > > > > (b) an improvement that is not a residential building, if the Chief Executive is of the opinion that exceptional circumstances exist. > > **s 23:** Am 2018 No 68, Sch 1.4.