Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Special provisions for dangerous, affected, and insanitary buildings - Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

129: Measures to avoid immediate danger or to fix insanitary conditions

You could also call this:

“City leaders can act quickly to keep people safe from dangerous buildings or fix unhealthy living spaces.”

If a building is in a state that might put people in immediate danger or create unhygienic conditions, the head of your local council can take quick action. They can sign a document that allows them to do whatever is needed to remove the danger or fix the unhygienic conditions.

When the council takes this action, you need to know a few things if you own the building:

You will have to pay for whatever the council does to fix the problem. The council can make you pay back the costs. The amount you owe will be attached to your property, which means you can’t sell the property without paying it off.

The head of the council and the council itself won’t get in trouble for taking this action, as long as they honestly believed it was necessary.

This applies to buildings that are likely to be immediately dangerous as described in section 121 or 123, or if immediate action is needed to fix unhygienic conditions.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307305.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
Previous

128A: Offences in relation to dangerous, affected, or insanitary buildings, or

“People can get in trouble if they don't follow rules about unsafe buildings.”

Next

130: Territorial authority must apply to District Court for confirmation of warrant, or

“The local council must ask a judge to approve their decision to enter someone's property.”

Part 2 Building
Special provisions for dangerous, affected, and insanitary buildings: Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

129Measures to avoid immediate danger or to fix insanitary conditions

  1. This section applies if, because of the state of a building,—

  2. immediate danger to the safety of people is likely in terms of section 121 or 123; or
    1. immediate action is necessary to fix insanitary conditions.

      1. The chief executive of a territorial authority may, by warrant issued under his or her signature, cause any action to be taken that is necessary in his or her judgment to—

      2. remove that danger; or
        1. fix those insanitary conditions.

          1. If the territorial authority takes action under subsection (2),—

          2. the owner of the building is liable for the costs of the action; and
            1. the territorial authority may recover those costs from the owner; and
              1. the amount recoverable by the territorial authority becomes a charge on the land on which the building is situated.

                1. The chief executive of the territorial authority and the territorial authority are not under any liability arising from the issue, in good faith, of a warrant under subsection (2).

                Compare
                  Notes
                  • Section 129(1)(a): amended, on , by section 21 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).