Health Act 1956

Powers and duties of local authorities - Buildings

39: Requirements of dwellinghouses as to supply of water and sanitary conveniences

You could also call this:

"Houses must have safe drinking water and working toilets"

When you build or rebuild a house, you must make sure it has certain things. You need to have a good supply of water that is safe to drink, as defined in section 69G. You also need to have a way to get rid of dirty water and have enough toilets.

If you do not follow these rules, you can get in trouble and have to pay a fine of up to $500. The Building Act 2004 has rules about what you need to do. You must follow these rules when you build or rent out a house.

If you build or rent out a house that does not meet these rules, you can get in trouble every day that someone lives there. You might have to pay a fine of up to $50 for each day. This is in addition to the fine of up to $500 you might have to pay for not following the rules in the first place.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306962.

38: Right of local authority to use portion of reserve for depot, or

"Councils can use part of a reserve for a depot, as per the Health Act 1956."

40: Sanitary requirements for business premises, or

"Keeping businesses clean and hygienic"

Part 2Powers and duties of local authorities
Buildings

39Requirements of dwellinghouses as to supply of water and sanitary conveniences

It shall not be lawful for any person to erect or rebuild any building intended for use as a dwellinghouse, or for any person to sell, or let, or sublet, or permit to be occupied as a dwellinghouse, any building or part of a building, unless in every such case sufficient provision is made in accordance with the building code and the Building Act 2004 for the following matters, that is to say:
an adequate and convenient supply of water that is potable (as defined in section 69G), available for the inmates of the dwelling:
suitable appliances for the disposal of refuse water in a sanitary manner:
sufficient sanitary conveniences available for the inmates of the dwelling.

Every person commits an offence and is liable on conviction to a fine not exceeding $500 who contravenes or fails to comply in any respect with any of the provisions of this section.
Where any building intended for use as a dwellinghouse is erected or rebuilt in contravention of this section, or where any building or part of a building is let or sublet as a dwellinghouse in contravention of this section, the owner of the building, or, in the case of any such subletting as aforesaid, the person for the time being entitled to receive the rent payable in respect of the subletting, shall be liable, in addition to any penalty under the last preceding subsection, to a fine not exceeding $50 for every day during which the building so erected or rebuilt or any part thereof, or, as the case may be, the building or part thereof so let or sublet, is inhabited while not in conformity with the requirements of this section.

Notes

Section 39(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 39(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 39(1)(a): amended, on 1 July 2008, by section 5 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 39(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 39(2): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).
Section 39(3): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).