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Health Act 1956

Powers and duties of local authorities - Buildings

53B: Provisions where owner is a trustee

You could also call this:

"What happens if a trustee owns a building that needs health repairs or changes"

If you are a trustee and own a building, you might get an order or notice under sections 41, 42, 44, or 46 of the Health Act. You can then do certain things, even if the trust documents say you cannot. You can carry out works specified in the notice. You can also demolish the building and replace it with a new one, or sell the land.

You can use money from the trust to pay for these things. If you need more money, you can ask the local authority for an advance, or sell, convert, or mortgage some of the trust property.

When you get an order or notice, you have some options to follow it, such as carrying out works or demolishing the building, and you can use trust money or get more money to do these things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307013.

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53C: Advances by local authority to owners, or

"Local council helps building owners with money to follow rules"

Part 2Powers and duties of local authorities
Buildings

53BProvisions where owner is a trustee

  1. Where any owner who is a trustee is served with an order or a notice under any of sections 41, 42, 44, and 46, he may, notwithstanding anything to the contrary in the instrument (if any) creating the trust,—

  2. carry out such works as are specified in the notice:
    1. demolish the dwellinghouse or other premises to which the order or notice relates and, if he thinks fit, erect another dwellinghouse or other premises in substitution therefor, or sell the land on which the dwellinghouse or other premises were erected:
      1. pay or apply any capital money subject to the same trust for or towards any such purpose:
        1. raise any money required for or towards any such purpose by obtaining an advance from the local authority or by sale, conversion, calling in, or mortgage of all or any part of the property subject to the same trust and for the time being in possession.

          Notes
          • Section 53B: inserted, on , by section 4(1) of the Health Amendment Act 1979 (1979 No 64).
          • Section 53B: amended, on , by section 92(1) of the Building Act 1991 (1991 No 150).
          • Section 53B(a): amended, on , by section 92(1) of the Building Act 1991 (1991 No 150).
          • Section 53B(d): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).