Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Special provisions for dangerous, affected, and insanitary buildings - Policy on dangerous and insanitary buildings

132: Adoption and review of policy

You could also call this:

“This part explains how the council makes rules about unsafe buildings and checks them every few years.”

You need to follow a special process when you want to create or change a policy about dangerous and unsafe buildings. This process is called the special consultative procedure, and it’s described in section 83 of the Local Government Act 2002.

When you make a new policy or change an existing one, you must tell the chief executive about it as soon as you can. You do this by giving them a copy of the policy.

You need to check your policy regularly to make sure it’s still working well. You should do this within 5 years of making the policy, and then every 5 years after that. But don’t worry - your policy still works even when it’s time to review it or when you’re in the middle of reviewing it.

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 It might be out of date or be missing some parts.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=DLM307309.

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

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132A: Policy must take into account affected buildings, or

“The rules say that when making plans about unsafe buildings, you need to think about buildings nearby that might be affected too.”

Part 2 Building
Special provisions for dangerous, affected, and insanitary buildings: Policy on dangerous and insanitary buildings

132Adoption and review of policy

  1. A policy under section 131 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002.

  2. A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

  3. A territorial authority must, as soon as practicable after adopting or amending a policy, provide a copy of the policy to the chief executive.

  4. A territorial authority must complete a review of a policy within 5 years after the policy is adopted and then at intervals of not more than 5 years.

  5. A policy does not cease to have effect because it is due for review or being reviewed.