(1) A building assessor must not prepare an energy efficiency rating statement for a building if the building assessor is—
(a) for a statement under the Civil Law (Sale of Residential Property) Act 2003
—
(i) the seller, a family member of the seller under that Act, or the seller's agent or lawyer; or
(ii) a member of a firm that the seller under that Act, or the seller's agent or lawyer, is a member of; or
(iii) someone else carrying on a business if the seller under that Act, or the seller's agent or lawyer or a family member of the seller, has a direct or indirect right to participate in the profits of the business; or
(b) for a statement under the Residential Tenancies Act 1997
—
(i) the lessor, a family member of the lessor under that Act, or the lessor's agent or lawyer; or
(ii) a member of a firm that the lessor under that Act, or the lessor's agent or lawyer, is a member of; or
(iii) someone else carrying on a business if the lessor under that Act, or the lessor's agent or lawyer or a family member of the lessor, has a direct or indirect right to participate in the profits of the business; or
(c) in any case—a person who—
(i) has a legal or equitable interest in the building; or
(ii) has a financial interest in the building.
(2) However, a building assessor who has a conflict of interest mentioned in subsection (1) may prepare an energy efficiency rating statement if—
(a) the building assessor prepares the statement for a new building; and
(b) the statement is based on an energy efficiency certificate in relation to the building; and
(c) the statement is consistent with the certificate; and
(d) the building assessor gives—
(i) the registrar a declaration of the assessor's conflict of interest; and
(ii) the seller or lessor a copy of the declaration.
Note If a form is approved under s 128 for the declaration, the form must be used.
(3) In this section:
"energy efficiency certificate"—see the Building Act 2004
, section 139C.
"family member", of a person, means—
(a) the person's domestic partner; or
(b) the person's parent or child; or
(c) the person's brother, sister, half-brother or half-sister; or
(d) the parent or
child of the person's domestic partner.