Health Act 1956

Powers and duties of local authorities - Buildings

46: Closing order for premises owned by local authority

You could also call this:

"When a local council's building is unsafe, it can be closed down by the government."

If you own a building, like a house, and the local council is in charge of it, this law applies to you. The medical officer of health can give a certificate to the Director-General if they think the building is not safe. The Director-General can then give the local council a notice to fix the problems, and if they do not, they can close the building, this is like a notice that a local council would give, and you can appeal it in the same way.

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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=DLM306988.

45: Determination of closing order, or

"How to cancel a closing order on a building"

47: Failure to comply with closing order, or

"Breaking a closing order: what happens if you don't leave a building when told"

Part 2Powers and duties of local authorities
Buildings

46Closing order for premises owned by local authority

This section shall apply to any premises, including any dwellinghouse, owned by any local authority.
Where in respect of any premises to which this section applies the medical officer of health gives to the Director-General a certificate to the effect of any of the provisions of paragraphs (a), (b), and (e) of subsection (1) of section 42, the Director-General may cause to be served in respect of the premises a repair notice and, in default of compliance therewith by the local authority, a closing order. A repair notice and a closing order under this section shall be served in the same manner and shall have the same effect and, in the case of a closing order, be subject to appeal and be cancelled in the same manner, as if it were a repair notice or a closing order issued by a local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.

Notes

Section 46(2): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 46(2): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).