Building (Earthquake-prone Buildings) Amendment Act 2016

1: Title
This Act is the Building (Earthquake-prone Buildings) Amendment Act 2016.
2: Commencement
This Act comes into force on the earlier of—
a: a date appointed by the Governor-General by Order in Council; and
b: the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(a) brought into force 1 July 2017 Building (Earthquake-prone Buildings) Amendment Act 2016 Commencement Order 2017
1: Amendments to principal Act
3: Principal Act
This Part Building Act 2004 principal Act OIC LI 2017/135 2017-07-01 Building Act 2004 Can be brought into force earlier by OIC
4: Section 4 amended (Principles to be applied in performing functions or duties, or exercising powers, under this Act)
In section 4(1)﻿(c) in relation to the grant of waivers or modifications of the building code and the adoption and review of policy on dangerous, earthquake-prone, and insanitary buildings or, as the case may be, dangerous dams under subpart 6A
5: New section 5A and cross-heading inserted
After section 5 Transitional, savings, and related provisions
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
6: Section 7 amended (Interpretation)
In section 7 earthquake-prone building section 133AB earthquake rating section 133AC engineering assessment EPB exemption notice section 133AN EPB methodology section 133AV EPB notice section 133AL EPB register section 273(1)﻿(aab) heritage building
a: the New Zealand Heritage List/Rārangi Kōrero maintained under section 65 of the Heritage New Zealand Pouhere Taonga Act 2014; or
b: the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 of the Heritage New Zealand Pouhere Taonga Act 2014 heritage dam
a: the New Zealand Heritage List/Rārangi Kōrero maintained under section 65 of the Heritage New Zealand Pouhere Taonga Act 2014; or
b: the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 of the Heritage New Zealand Pouhere Taonga Act 2014 high seismic risk section 133AD low seismic risk section 133AD medium seismic risk section 133AD priority building section 133AE seismic work
7: Section 11 amended (Role of chief executive)
1: After section 11(d)
da: monitors, in accordance with section 169A subpart 6A
2: After section 11(i)
ia: sets a methodology under section 133AV
8: Section 45 amended (How to apply for building consent)
In section 45(1)﻿(d) section 240 section 219 or 240 (as applicable)
9: Section 85 amended (Offences relating to carrying out or supervising restricted building work)
In section 85(4) liable on conviction
10: Section 95 amended (Issue of code compliance certificate)
In section 95(c) section 240 section 219 or 240 (as applicable)
11: Section 112 amended (Alterations to existing buildings)
After section 112(2)
3: This section is subject to section 133AT
12: Subpart 6 heading in Part 2 amended
In Part 2, in the subpart 6 certain categories of buildings dangerous, affected, and insanitary buildings
13: Cross-heading above section 121 replaced
Replace the cross-heading above section 121 Interpretation and application
14: Section 122 repealed (Meaning of earthquake-prone building)
Repeal section 122
15: New section 123A inserted (Application of this subpart to parts of buildings)
After section 123
123A: Application of this subpart to parts of buildings
1: If a territorial authority is satisfied that only part of a building is dangerous (within the meaning of section 121) or insanitary (within the meaning of section 123),—
a: the territorial authority may exercise any of its powers or perform any of its functions under this subpart in respect of that part of the building rather than the whole building; and
b: for the purpose of paragraph (a)
2: To the extent that a power or function of a territorial authority under this subpart relates to affected buildings,—
a: the territorial authority may exercise the power or perform the function in respect of all or part of an affected building; and
b: for the purpose of paragraph (a)
16: Cross-heading above section 124 amended
In the cross-heading above section 124 earthquake-prone,
17: Section 124 amended (Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority)
1: In the heading to section 124 earthquake-prone,
2: In section 124(1) earthquake-prone,
3: Repeal section 124(3)
18: Section 125 amended (Requirements for notice requiring building work or restricting entry)
Replace section 125(2)﻿(e)
e: every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and
19: Section 128 amended (Prohibition on using dangerous, affected, earthquake-prone, or insanitary building)
In the heading to section 128 earthquake-prone,
20: Section 128A amended (Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings)
In the heading to section 128A earthquake-prone,
21: Section 129 amended (Measures to avoid immediate danger or to fix insanitary conditions)
In section 129(1)﻿(a) or section 122 or section 123 or 123
22: Cross-heading above section 131 amended
In the cross-heading above section 131 , earthquake-prone,
23: Section 131 amended (Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings)
1: In the heading to section 131 , earthquake-prone,
2: In section 131(1) , earthquake-prone,
24: New subpart 6A of Part 2 inserted
After section 133
6A: Special provisions for earthquake-prone buildings
Application and interpretation
133AA: Buildings to which this subpart applies
1: This subpart applies to all buildings except the following:
a: a building that is used wholly or mainly for residential purposes (but see subsection (2)
b: a farm building (being a shed or other building that is located on a farm and used primarily for farming activities or an ancillary purpose):
c: a stand-alone retaining wall (being a retaining wall that is not integral to the structure of a building):
d: a fence:
e: a monument (including a statue), unless the monument is capable of being entered by a person:
f: a wharf:
g: a bridge:
h: a tunnel:
i: a storage tank:
j: a building that is a dam:
k: a part of a building that is a dam.
2: Despite subsection (1)﻿(a)
a: comprises 2 or more storeys; and
b: either—
i: is a hostel, boardinghouse, or other specialised accommodation; or
ii: contains 3 or more household units.
133AB: Meaning of earthquake-prone building
1: A building or a part of a building is earthquake prone
a: the building or part will have its ultimate capacity exceeded in a moderate earthquake; and
b: if the building or part were to collapse, the collapse would be likely to cause—
i: injury or death to persons in or near the building or on any other property; or
ii: damage to any other property.
2: Whether a building or a part of a building is earthquake prone is determined by the territorial authority in whose district the building is situated: see section 133AK
3: For the purpose of subsection (1)﻿(a) ultimate capacity moderate earthquake 1991 No 150 s 66
133AC: Meaning of earthquake rating
1: In this Act, earthquake rating
a: that relate to how a building is likely to perform in an earthquake; and
b: that would be used to design a new building on the same site; and
c: as they apply on the day on which this section comes into force.
2: The earthquake rating of a building or a part of a building—
a: is determined by a territorial authority in accordance with the EPB methodology ( see section 133AK
b: is specified on the EPB notice issued for the building or part and recorded in the EPB register; and
c: determines the form of the EPB notice issued for the building or part ( see section 401C(a)
3: An earthquake rating may be expressed as a percentage or a percentage range. Examples
If a territorial authority determines that a building meets 25% of the requirements of the building code referred to in subsection (1) If a territorial authority determines that a building meets between 0% and 10% of the requirements of the building code referred to in subsection (1)
133AD: Meaning of low, medium, and high seismic risk
1: For the purposes of this Act, the area in which a building is located has—
a: a low seismic risk
b: a medium seismic risk
c: a high seismic risk
2: For the purpose of subsection (1) Z factor
a: the building code; and
b: verification methods; and
c: standards incorporated by reference into the building code or a verification method.
3: The seismic risk of an area affects—
a: the time frame within which a territorial authority must—
i: apply the EPB methodology to identify buildings or parts of buildings in the area that are potentially earthquake prone ( see section 133AG
ii: report to the chief executive on its progress towards that objective; and
b: the deadline for completing seismic work on a building or a part of a building in the area, if it is subject to an EPB notice ( see section 133AM
133AE: Meaning of priority building
1: In this subpart, priority building
a: a hospital building that is likely to be needed in an emergency (within the meaning of the Civil Defence Emergency Management Act 2002) to provide—
i: emergency medical services; or
ii: ancillary services that are essential for the provision of emergency medical services:
b: a building that is likely to be needed in an emergency for use as an emergency shelter or emergency centre:
c: a building that is used to provide emergency response services (for example, policing, fire, ambulance, or rescue services):
d: a building that is regularly occupied by at least 20 people and that is used as any of the following:
i: an early childhood education and care centre licensed under Part 26 of the Education Act 1989:
ii: a registered school or an integrated school (within the meaning of the Education Act 1989):
iii: a private training establishment registered under Part 18 of the Education Act 1989:
iv: a tertiary institution established under section 162 of the Education Act 1989:
e: any part of an unreinforced masonry building that could—
i: fall from the building in an earthquake (for example, a parapet, an external wall, or a veranda); and
ii: fall onto any part of a public road, footpath, or other thoroughfare that a territorial authority has identified under section 133AF(2)﻿(a)
f: a building that a territorial authority has identified under section 133AF(2)﻿(b)
2: For the purposes of subsection (1)﻿(a) and (b)
a: any national civil defence emergency management plan made under section 39 of the Civil Defence Emergency Management Act 2002; and
b: the civil defence emergency management group plan approved under section 48 of the Civil Defence Emergency Management Act 2002 that covers the district in which the building is situated.
3: If only part of a building meets the criteria set out in subsection (1)
4: Whether a building is a priority building affects—
a: the deadline by which a territorial authority must identify whether the building or a part of the building is potentially earthquake prone ( see section 133AG
b: the deadline for completing seismic work on the building or a part of the building, if it is subject to an EPB notice ( see section 133AM
133AF: Role of territorial authority in identifying certain priority buildings
1: This section applies to a territorial authority whose district includes any area of medium or high seismic risk.
2: The territorial authority,—
a: for the purpose of section 133AE(1)﻿(e)
i: onto which parts of an unreinforced masonry building could fall in an earthquake; and
ii: that has sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of those parts of unreinforced masonry buildings; and
b: for the purpose of section 133AE(1)﻿(f)
i: may, in its discretion, initiate the special consultative procedure in section 83 of the Local Government Act 2002 to identify buildings for that purpose; but
ii: must not identify buildings for that purpose other than in accordance with the special consultative procedure.
3: However, a territorial authority is not required to act under subsection (2)﻿(a) subsection (2)﻿(a)﻿(i) and (ii)
4: If a territorial authority is required by subsection (2)﻿(a) subsection (2)﻿(b) section 133AG(4) Identifying earthquake-prone buildings
133AG: Territorial authority must identify potentially earthquake-prone buildings
1: Within the applicable time frame under subsection (4)
a: must apply the EPB methodology to buildings in its district to identify buildings or parts of buildings that are potentially earthquake prone; and
b: may, if it has reason to suspect that a building or a part of a building in its district may be earthquake prone, identify the building or part as potentially earthquake prone, whether or not by reference to any aspect of the EPB methodology.
2: Until the end of the applicable time frame, a territorial authority must report to the chief executive on its progress towards identifying buildings or parts of buildings within its district that are potentially earthquake prone as follows:
a: if the whole district is of low seismic risk, every 3 years; or
b: if the district includes an area of medium seismic risk, but no areas of high seismic risk, every 2 years; or
c: if the district includes an area of high seismic risk, every year.
3: After the end of the applicable time frame, a territorial authority may, if it has reason to suspect that a building or a part of a building in its district may be earthquake prone, identify the building or part as potentially earthquake prone, whether or not by reference to the EPB methodology.
4: The applicable time frame commencement date
a: for each area of low seismic risk, the expiry of 15 years after the commencement date; and
b: for each area of medium seismic risk, the expiry of the following period after the commencement date:
i: 5 years for priority buildings; and
ii: 10 years for other buildings; and
c: for each area of high seismic risk, the expiry of the following period after the commencement date:
i: 2 years and 6 months for priority buildings; and
ii: 5 years for other buildings.
133AH: Territorial authority must request engineering assessment of potentially earthquake-prone buildings
1: If a territorial authority identifies a building or a part of a building as potentially earthquake prone, the territorial authority must ask the owner of the building or part to provide an engineering assessment of the building or part.
2: The request must—
a: be in writing; and
b: be dated; and
c: identify the building or the part of a building that the territorial authority has identified as potentially earthquake prone; and
d: explain the basis on which the territorial authority has identified the building or the part of the building as potentially earthquake prone; and
e: explain the owner’s obligations under section 133AI
f: state whether the building is a priority building; and
g: state the due date for the engineering assessment, which must be 12 months after the date of the request; and
h: explain that if the owner is not reasonably able to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments), the owner may apply under section 133AJ
i: explain the consequences of the owner failing to provide the engineering assessment by the due date; and
j: explain what will happen if the territorial authority determines that the building or the part of the building is earthquake prone.
133AI: Obligations of owners on receiving request for engineering assessment
1: If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH section 133AJ
a: provide to the territorial authority an engineering assessment of the building or part that complies with the requirements of the EPB methodology; or
b: provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building or part as potentially earthquake prone; or
c: notify the territorial authority that the owner does not intend to provide an engineering assessment.
2: If a territorial authority is satisfied that it has incorrectly identified a building or a part of a building as potentially earthquake prone, the territorial authority must cancel the request for an engineering assessment and give the owner of the building or part written notice of that fact.
3: If an owner fails to comply with subsection (1) subsection (1)﻿(c)
a: the territorial authority must, under section 133AK(4)
b: the EPB notice issued for the building or part must, under section 133AL(4)
c: the territorial authority may obtain an engineering assessment of the building or part and recover, as a debt due from the owner of the building or part, the costs of doing so.
133AJ: Owners may apply for extension of time to provide engineering assessment
1: This section applies if—
a: a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH
b: the owner is unable to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments).
2: The owner may, no later than 2 months before the due date, apply to the territorial authority for an extension of up to 12 months from the due date.
3: The territorial authority must deal with the application promptly, by—
a: granting the extension and notifying the owner in writing of the revised due date for the engineering assessment; or
b: notifying the owner in writing that the extension has not been granted.
4: A territorial authority must not extend the due date for an engineering assessment more than once.
133AK: Territorial authority must determine whether building is earthquake prone
1: If a territorial authority receives an engineering assessment of a building or a part of a building in response to a request made under section 133AH
a: whether the building or part is earthquake prone; and
b: if the building or part is earthquake prone, its earthquake rating.
2: If the territorial authority determines that the building or part is not earthquake prone, the territorial authority must promptly notify the owner in writing of its decision.
3: If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—
a: issue an EPB notice for the building or part under section 133AL
b: record the details of the decision in the EPB register and update other information in the EPB register as necessary.
4: If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH
a: the territorial authority—
i: must proceed as if it had determined the building or part to be earthquake prone; and
ii: need not determine the earthquake rating of the building or part; and
b: this Act applies as if the territorial authority had determined the building or part to be earthquake prone. Remediation of earthquake-prone buildings
133AL: Territorial authority must issue EPB notice for earthquake-prone buildings
1: This section applies if a territorial authority makes any of the following decisions:
a: determining under section 133AK or 133AY clause 2 of Schedule 1AA
b: revoking an exemption under section 133AN
c: revoking an extension under section 133AO
d: determining under section 133AQ or 133AY
2: The territorial authority must promptly issue an EPB notice for the building or the part of the building, which must—
a: be dated; and
b: be in the prescribed form; and
c: identify the building or the part of a building determined to be earthquake prone; and
d: specify whether the building or part is a priority building; and
e: specify the earthquake rating of the building or part (unless this has not been determined: see section 133AK(4) clause 2 of Schedule 1AA
f: state that the owner of the building or part is required to carry out building work to ensure that the building or part is no longer earthquake prone ( seismic work
g: state the deadline for completing seismic work ( see section 133AM
h: state that the owner of the building or part may apply under section 133AN
i: if the building is a heritage building to which section 133AO
j: state that the owner is not required to complete seismic work if the territorial authority determines or is satisfied, in accordance with section 133AQ
3: If the earthquake rating of a building or a part of a building is a percentage range that spans more than 1 prescribed category of earthquake ratings, the notice issued for the building or part must be in the form prescribed for the category that includes the lowest point in the percentage range.
4: If the territorial authority is proceeding under section 133AK(4)
a: the notice must be in the form prescribed for the category of earthquake ratings that includes the lowest earthquake ratings ( see section 401C(a)
b: the notice must state—
i: that the territorial authority has not determined whether the building or part is earthquake prone, but is proceeding as if it had; and
ii: that the earthquake rating of the building or part has not been determined.
5: The territorial authority must give a copy of the notice to—
a: the owner of the building or the part of the building; and
b: every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 1952; and
c: every person claiming an interest in the land that is protected by a caveat lodged and in force under section 137 of the Land Transfer Act 1952; and
d: every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and
e: Heritage New Zealand Pouhere Taonga, if the building is a heritage building.
6: However, the notice is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (5)
133AM: Deadline for completing seismic work
1: The owner of a building or a part of a building that is subject to an EPB notice must complete seismic work on the building or part on or before the deadline specified in this section.
2: The deadline is the expiry of whichever of the following periods, as measured from the date of the first EPB notice issued for the building or the part of the building (rather than any replacement EPB notice), is applicable:
a: in an area of low seismic risk, 35 years for any building; and
b: in an area of medium seismic risk, 12 years and 6 months for a priority building and 25 years for any other building; and
c: in an area of high seismic risk, 7 years and 6 months for a priority building and 15 years for any other building.
3: However,—
a: if clause 2 of Schedule 1AA
b: if the building or the part of the building is a heritage building for which an extension is granted under section 133AO paragraph (a) or subsection (2)
4: To avoid doubt, seismic work may include the demolition of a building or part of a building.
133AN: Owner may apply for exemption from requirement to carry out seismic work
1: The owner of a building or a part of a building that is subject to an EPB notice may apply to a territorial authority for an exemption from the requirement to carry out seismic work on the building or part.
2: An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.
3: The territorial authority must deal with the application promptly, by doing one of the following:
a: if the territorial authority is satisfied that the building or the part of the building has the prescribed characteristics ( see section 401C(b)
i: granting the exemption and issuing an EPB exemption notice; and
ii: recording the details of the exemption in the EPB register and updating other information in the EPB register as necessary; or
b: notifying the owner in writing that the exemption has not been granted.
4: An EPB exemption notice must—
a: identify the building or the part of the building that is subject to an EPB notice; and
b: state that the owner of the building or the part of the building is exempt from the requirement to carry out seismic work on the building or part; and
c: give the territorial authority's reasons for granting the exemption.
5: A territorial authority may review an exemption at any time, and may revoke it if satisfied that the building no longer has the prescribed characteristics.
6: An exemption stays in force until the territorial authority revokes it.
7: As soon as practicable after revoking an exemption, a territorial authority must—
a: reissue an EPB notice under section 133AL
b: record the details of the revocation in the EPB register and update other information in the EPB register as necessary.
133AO: Owners of certain heritage buildings may apply for extension of time to complete seismic work
1: This section applies to a building if—
a: the building or a part of the building is subject to an EPB notice; and
b: the building is—
i: included as a Category 1 historic place on the New Zealand Heritage List/Rārangi Kōrero maintained under section 65 of the Heritage New Zealand Pouhere Taonga Act 2014; or
ii: included on the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 of the Heritage New Zealand Pouhere Taonga Act 2014.
2: The owner of the building or the part of the building (the owner
3: An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.
4: The territorial authority may, by notice in writing to the owner, extend by up to 10 years the deadline for completing seismic work that applies under section 133AM(2) (3)﻿(a)
5: If the territorial authority grants an extension, the owner must—
a: take all reasonably practicable steps to manage or reduce the risks associated with the building or the part of the building being earthquake prone; and
b: comply with any conditions imposed by the territorial authority for the purpose of managing or reducing the risks referred to in paragraph (a)
6: If the owner fails to comply with subsection (5)
7: As soon as practicable after granting or revoking an extension, a territorial authority must—
a: reissue an EPB notice under section 133AL
b: record the details of the extension or revocation in the EPB register and update other information in the EPB register as necessary.
133AP: EPB notices and EPB exemption notices to be attached to earthquake-prone buildings
1: As soon as practicable after issuing an EPB notice or an EPB exemption notice for a building or a part of a building, the territorial authority must—
a: attach, or require the owner of the building or part to attach, the notice in a prominent place on or adjacent to the building; and
b: remove, or authorise the owner of the building or part to remove, any superseded EPB notice or EPB exemption notice that is attached on or adjacent to the building.
2: If an EPB notice or an EPB exemption notice ceases to be attached in a prominent place on or adjacent to a building, or becomes illegible,—
a: the owner of the building or the part of the building to which the notice relates must notify the territorial authority of that fact; and
b: the territorial authority must issue a replacement notice; and
c: subsection (1)
3: Subsection (2)
133AQ: Territorial authority may assess information relating to earthquake-prone building status at any time
1: This section applies if, at any time,—
a: the owner of a building or a part of a building sends to the territorial authority an engineering assessment of the building or part (whether or not the building or part is already subject to an EPB notice); or
b: a territorial authority is satisfied, on the basis of evidence other than an engineering assessment, that a building or a part of a building that is subject to an EPB notice is not earthquake prone.
2: As soon as practicable after receiving an engineering assessment under this section for a building or a part of a building, the territorial authority must determine, in accordance with the EPB methodology,—
a: whether the building or part is earthquake prone; and
b: if the building or part is earthquake prone, its earthquake rating.
3: If the territorial authority determines or is satisfied that the building or part is not earthquake prone, the territorial authority must promptly—
a: notify the owner in writing of its decision; and
b: if the building or part is already subject to an EPB notice,—
i: remove the building from the EPB register; and
ii: remove, or authorise the owner of the building or part to remove, any EPB notice or EPB exemption notice attached on or adjacent to the building.
4: If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—
a: notify the owner in writing of its decision; and
b: if the building or part is not already subject to an EPB notice, issue an EPB notice for the building or part under section 133AL
c: if the building or part is already subject to an EPB notice,—
i: if the earthquake rating has changed, reissue an EPB notice under section 133AL
ii: if the earthquake rating has not changed, notify the owner in writing of that fact; and
d: record the details of the decision in the EPB register and update other information in the EPB register as necessary. Powers of territorial authorities in respect of earthquake-prone buildings
133AR: Territorial authority may impose safety requirements
1: If a territorial authority determines that a building or a part of a building in its district is earthquake prone, the territorial authority may do any or all of the following:
a: put up a hoarding or fence to prevent people from approaching the building or part nearer than is safe:
b: attach in a prominent place, on or adjacent to the building or part, a notice that warns people not to approach the building or part:
c: issue a notice that complies with subsection (2)
2: A notice issued under subsection (1)﻿(c)
a: must be in writing; and
b: must be fixed to the building in question; and
c: must be given in the form of a copy to the persons listed in section 133AL(5)
d: may be issued for a period of up to 30 days; and
e: may be reissued, but not more than once, for a further period of up to 30 days.
3: However, a notice issued under subsection (1)﻿(c) section 133AL(5)
4: If, in relation to a building or a part of a building, a territorial authority has put up a hoarding or fence or attached a notice under subsection (1)﻿(b) or (c) subsection (1)﻿(c)
a: use or occupy the building or part; or
b: permit another person to use or occupy the building or part.
133AS: Territorial authority may carry out seismic work
1: This section applies if seismic work on a building or a part of a building that is subject to an EPB notice is not completed by the deadline that applies under section 133AM
2: The territorial authority may apply to the District Court
3: Before the territorial authority applies to the District Court subsection (2)
4: If a territorial authority carries out seismic work on a building or a part of a building under the authority of an order made under subsection (2)
a: the owner of the building or part is liable for the costs of the work; and
b: the territorial authority may recover those costs from the owner; and
c: the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.
5: Seismic work authorised to be done under this section may include the demolition of a building or part of a building. 1991 No 150 s 65(4), (5)
133AT: Alterations to buildings subject to EPB notice
1: This section applies instead of section 112 in relation to an application for a building consent for the alteration of a building or a part of a building that is subject to an EPB notice.
2: A building consent authority must not grant a building consent for the alteration of the building or part unless the building consent authority is satisfied that,—
a: after the alteration, the building will comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—
i: means of escape from fire; and
ii: access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and
b: after the alteration, the building will,—
i: if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or
ii: if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply; and
c: in the case of a substantial alteration, the alteration includes the necessary seismic work. An alteration of a building is a substantial alteration section 401C(c)
3: Despite subsection (2)﻿(a) subsection (2)﻿(a)
a: the alteration includes the necessary seismic work; and
b: if the building were required to comply with the specified provisions, it would be unduly onerous for the owner in the circumstances; and
c: the permitted non-compliance with the specified provisions is no more than is reasonably necessary in the light of the objective of ensuring that the building or part is no longer earthquake prone; and
d: after the alteration, the building will continue to comply with the specified provisions, and other provisions of the building code, to at least the same extent as it complied with those provisions immediately before the building work began.
4: When making the assessments required by subsection (3)﻿(b) and (c) section 401C(d) Offences
133AU: Offences in relation to earthquake-prone buildings
Failure to complete seismic work
1: The owner of a building or a part of a building that is subject to an EPB notice who fails to complete seismic work on the building or part by the deadline that applies under section 133AM
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $200,000. Failures relating to EPB notices and EPB exemption notices
2: A person commits an offence if—
a: a territorial authority requires the person to attach an EPB notice or an EPB exemption notice on or adjacent to a building under section 133AP
b: the person—
i: fails to attach the notice in accordance with that section; or
ii: attaches the notice otherwise than in accordance with that section.
3: A person commits an offence if—
a: the person is required under section 133AP(2)﻿(a)
b: the person fails to notify the territorial authority in accordance with that section.
4: A person who commits an offence under subsection (2) or (3) Failure to comply with safety requirements
5: A person who fails to comply with section 133AR(4)
a: to a fine not exceeding $200,000; and
b: in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues. Methodology for identifying earthquake-prone buildings (EPB methodology)
133AV: Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)
1: The chief executive must set a methodology for identifying earthquake-prone buildings (the EPB methodology
a: identify the buildings or parts of buildings in their district that are potentially earthquake prone; and
b: determine whether a potentially earthquake-prone building or part of a building is earthquake prone and, if it is, its earthquake rating.
2: The methodology—
a: may specify buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and
b: may specify a method for identifying buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and
c: must specify the requirements for an engineering assessment of a building or a part of a building; and
d: must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building or a part of a building is earthquake prone or potentially earthquake prone.
3: The chief executive must set the methodology no later than 1 month after the commencement of this section.
4: The methodology may incorporate material by reference in accordance with sections 405 to 413.
5: The chief executive may amend or replace the methodology at any time.
6: If the chief executive amends or replaces the methodology, sections 133AW and 133AX
133AW: Consultation requirements for setting EPB methodology
1: Before setting the EPB methodology, the chief executive must do everything reasonably practicable on his or her part to consult territorial authorities and any other persons or organisations that appear to the chief executive to be representative of the interests of persons likely to be substantially affected by the setting of the methodology.
2: The process for consultation should, to the extent practicable in the circumstances, include—
a: giving adequate and appropriate notice of the intention to set the methodology; and
b: giving a reasonable opportunity for territorial authorities and other interested persons to make submissions; and
c: giving adequate and appropriate consideration to submissions.
3: A failure to comply with this section does not affect the validity of the methodology.
133AX: Notification and availability of EPB methodology
1: As soon as practicable after the chief executive has set the EPB methodology, the chief executive must—
a: notify territorial authorities that the methodology has been set; and
b: publicly notify that the methodology has been set; and
c: make the methodology available on the Internet in a form that is publicly accessible at all reasonable times; and
d: make the methodology available in printed form for purchase on request by members of the public.
2: The methodology is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. Miscellaneous
133AY: What territorial authority must do if definition of ultimate capacity or moderate earthquake amended
1: This section applies if the definition of ultimate capacity or moderate earthquake, as set out in regulations made for the purpose of section 133AB
2: As soon as is reasonably practicable after the definition is amended or replaced, a territorial authority—
a: must consider whether any decision that it has made under this subpart should be reassessed in the light of the changes to the definition; and
b: may remake the decision.
3: Section 133AQ(3) and (4) Section 24 new section 133AS(2) amended 1 March 2017 section 261 District Court Act 2016 Section 24 new section 133AS(3) amended 1 March 2017 section 261 District Court Act 2016
25: Section 154 amended (Powers of regional authorities in respect of dangerous dams)
Repeal section 154(2)
26: Section 155 amended (Requirements for notice given under section 154)
Replace section 155(2)﻿(e)
e: every statutory authority that has exercised a statutory power to classify or register, for any purpose, the dam or the land on which the dam is situated; and
27: New section 169A inserted (Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings))
After section 169
169A: Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings)
The chief executive must monitor the application of subpart 6A
28: Section 175 amended (Chief executive may publish guidance information)
1: In section 175(1)﻿(b)﻿(iii) practitioners ; and
2: After section 175(1)﻿(b)
c: owners of buildings and members of the public in relation to the application of subpart 6A
29: Section 177 amended (Application for determination)
1: In section 177(3)﻿(f) (which relate to dangerous, earthquake-prone, and insanitary buildings) (which relate to dangerous, affected, and insanitary buildings)
2: After section 177(3)﻿(f)
fa: any power of decision of a territorial authority under subpart 6A section 133AS
30: Section 181 amended (Chief executive may make determination on own initiative)
Replace section 181(2)﻿(a)
a: may give a direction under subsection (1) either before or after a decision or a power that relates to the matter is made or exercised (as the case may be); and
31: Section 216 amended (Territorial authority must keep information about buildings)
Repeal section 216(2)﻿(b)﻿(ivc)
32: Section 218 amended (Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under section 169)
1: In the heading to section 218 section 169 sections 169 and 169A
2: In section 218(1) etc) and section 169A subpart 6A
33: Section 222 amended (Inspections by territorial authority)
Replace section 222(1)﻿(b)﻿(ii)
ii: the purpose of determining whether the building is dangerous or insanitary within the meaning of subpart 6 of Part 2; or
iii: the purpose of determining whether the building or a part of the building is earthquake prone or potentially earthquake prone within the meaning of subpart 6A
34: Section 273 amended (Chief executive must keep registers)
1: After section 273(1)﻿(aaa)
aab: a register of earthquake-prone buildings for the purposes of subpart 6A EPB register
2: After section 273(3)
3A: The EPB register must be kept in a manner that enables territorial authorities, as well as the chief executive, to record and update information in the register.
35: Section 274 amended (Purpose of registers)
After section 274(a)﻿(iaa)
iab: in the case of the EPB register, information relating to buildings or parts of buildings that territorial authorities have determined to be earthquake prone; and
36: New sections 275A and 275B inserted
After section 275
275A: Content of EPB register
1: The EPB register must contain the following information for each building or part of a building that a territorial authority determines is earthquake prone:
a: the name of the territorial authority that made the decision:
b: the address of, and any other details necessary to identify, the building or the part of the building determined to be earthquake prone:
c: whether the building is a priority building:
d: the date of the EPB notice issued for the building or part:
e: the earthquake rating of the building or part, as determined by the territorial authority:
f: the deadline for completing seismic work that applies under section 133AM section 133AN
g: the details of any exemption from the requirement to carry out seismic work that is in force under section 133AN
h: the details of any extension of time for completing seismic work that is in force under section 133AO section 133AO(5)﻿(b)
i: any information prescribed under section 401C(e)
2: If the territorial authority is proceeding under section 133AK(4)
a: subsection (1)﻿(e)
b: the register must contain statements to the following effect:
i: that the territorial authority has not determined whether the building or part is earthquake prone, but is proceeding as if it had because the owner has not provided an engineering assessment; and
ii: that the EPB notice issued for the building or part is in the form prescribed for the category of earthquake ratings that includes the lowest earthquake ratings ( see section 401C(a)
iii: that the earthquake rating of the building or part has not been determined.
275B: Modification of chief executive’s obligation to make EPB register available for public inspection
1: This section applies to information that is required to be kept in the EPB register by regulations made under section 401C(e) prescribed information
2: Despite section 273(2), the chief executive need not make the prescribed information available for public inspection, or include the prescribed information in a copy of all or part of the register supplied to a person under that section, unless the regulations require the information to be made available for public inspection.
3: However, the chief executive may supply any prescribed information contained in the EPB register to an entity in the State services (within the meaning of the State Sector Act 1988) if the chief executive is satisfied that it is necessary or desirable for the entity to have the information to assist in the exercise of its powers or the performance of its functions under any enactment.
4: This section does not limit the Official Information Act 1982.
37: Section 381 amended (District Court may grant injunctions for certain continuing breaches)
1: In section 381(1)﻿(b) , earthquake prone,
2: After section 381(1)﻿(b)
ba: a building or a part of a building is earthquake prone in terms of subpart 6A
38: New section 401C inserted (Regulations: earthquake-prone buildings)
After section 401B
401C: Regulations: earthquake-prone buildings
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that,—
a: for the purpose of section 133AL
i: prescribe categories of earthquake ratings:
ii: prescribe the form of EPB notice to be issued for buildings or parts of buildings in each earthquake ratings category:
iii: prescribe the form of EPB notice to be issued for a building or a part of a building to which clause 2 of Schedule 1AA
b: prescribe the age, construction type, use, level of occupancy, location in relation to other buildings or building types, and any other characteristics that a building or a part of a building must have for a territorial authority to grant an exemption under section 133AN
c: prescribe the criteria for determining whether a building alteration is a substantial alteration for the purpose of section 133AT(2)﻿(c)
d: prescribe the matters that a territorial authority must take into account when making the assessments required by section 133AT(3)﻿(b) and (c)
e: prescribe information that must be kept in the EPB register, and specify whether the chief executive is required to make that information available for public inspection ( see section 275B
39: Section 402 amended (Regulations: general)
1: In section 402(1)﻿(p) 122 133AB
2: After section 402(1)﻿(p)
pa: defining ultimate capacity for the purposes of section 133AB
40: Section 405 amended (Incorporation of material by reference into regulations, certain Orders in Council, acceptable solutions, and verification methods)
1: In the heading to section 405 regulations, certain Orders in Council, acceptable solutions, and verification methods certain instruments, solutions, and methods
2: In section 405(4)﻿(c) 285 ; and
3: After section 405(4)﻿(c)
d: the EPB methodology set under section 133AV
41: New Schedule 1AA inserted
Before Schedule 1 Schedule 1AA Schedule
42: Consequential amendments to Building Amendment Act 2012
1: This section amends the Building Amendment Act 2012
2: In the Schedule
a: in new Schedule 1A section 240 section 219 or 240 (as applicable)
b: in new Schedule 1B section 240 section 219 or 240 (as applicable)
c: in new Schedule 1C section 240 section 219 or 240 (as applicable)
d: in new Schedule 1D section 240 section 219 or 240 (as applicable) OIC LI 2017/135 2017-07-01 Building Amendment Act 2012 Can be brought into force earlier by OIC
43: Consequential amendments to Fire Safety and Evacuation of Buildings Regulations 2006
1: This section amends the Fire Safety and Evacuation of Buildings Regulations 2006
2: In Schedule 3, clause 8(a) section 112 or 133AT
3: In Schedule 4, Form 1 section 112 or 133AT OIC LI 2017/135 2017-07-01 Fire Safety and Evacuation of Buildings Regulations 2006 Can be brought into force earlier by OIC
2: Amendment to Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005
44: Principal regulations
This Part Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 principal regulations OIC LI 2017/135 2017-07-01 Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 Can be brought into force earlier by OIC
45: Regulation 7 replaced (Earthquake-prone buildings: moderate earthquake defined)
Replace regulation 7
7: Earthquake-prone buildings: moderate earthquake defined
1: For the purposes of section 133AB moderate earthquake
2: In this regulation, commencement date section 133AB