(1) A private certifier must not perform a private certifying function if, in performing the function, the certifier has a conflict of interest.Note—See also section 132 .
(2) For subsection (1) , the occasions when a private certifier has a conflict of interest in performing a private certifying function include, but are not limited to, when the certifier—(a) is to carry out the building work the subject of the building certifying function; or(b) is engaged by the owner of the building or the builder to perform a function other than—(i) a building certifying function; or(ii) to manage a development application; or(iii) give regulatory advice about any matter; or(c) has a direct or indirect pecuniary interest in the building.
(3) In this section—
"builder" means the person who will be carrying out the building work the subject of the private certifying function.
"building work" includes—(a) the preparation of the design of all or part of the building; or(b) carrying out all or part of building work.
"owner" means the owner of the building.
"the building" means the building or structure the subject of building assessment work to be carried out under the private certifying function.