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Building Act 2004

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

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

You could also call this:

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

When the leader of a local council gives out a special order under section 129(2), the council must ask the District Court to confirm it after they’ve done what the order says. This is to make sure the order was fair and correct.

When the court looks at the order, they can do one of three things. They can say it’s okay as it is, they can change it a bit, or they can cancel it completely.

However, you don’t need to go to court if the building’s owner says it’s okay. If the owner tells the council they don’t mind the council coming onto their land and that they don’t need the court to check the order, then it’s fine. But the owner still needs to pay for any costs mentioned in section 129(3)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307306.

Topics:
Government and voting > Local councils
Housing and property > Home safety and repairs
Crime and justice > Courts and legal help
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129: Measures to avoid immediate danger or to fix insanitary conditions, or

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

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131: Territorial authority must adopt policy on dangerous and insanitary buildings, or

“The city council must make rules about unsafe buildings in their area.”

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

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

  1. If the chief executive of a territorial authority issues a warrant under section 129(2), the territorial authority, on completion of the action stated in the warrant, must apply to the District Court for confirmation of the warrant.

  2. On hearing the application, the District Court may—

  3. confirm the warrant without modification; or
    1. confirm the warrant subject to modification; or
      1. set the warrant aside.

        1. Subsection (1) does not apply if—

        2. the owner of the building concerned notifies the territorial authority that—
          1. the owner does not dispute the entry into the owner's land; and
            1. confirmation of the warrant by the District Court is not required; and
            2. the owner pays the costs referred to in section 129(3)(a).

              Compare
                Notes
                • Section 130(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 130(3)(a)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).