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Building Act 2004

Building - Safety of dams - Classification of dams

135: Owner must provide classification of, and certificate for, dam to regional authority

You could also call this:

“The person in charge of a dam must tell the local authority how safe the dam is and give them proof from an expert.”

If you own a dam, you need to tell the regional authority in your area about it. You must give them two things:

  1. The classification you have given to your dam.

  2. A certificate from an engineer. This certificate needs to say three things:

    • That your dam’s classification follows the rules for dam safety.
    • That the engineer is a recognised expert.
    • That there is proof the engineer is recognised as an expert.

You must do this within 3 months. If the dam safety rules came out before your dam was built, you have 3 months from when those rules started. If your dam was built after the rules came out, you have 3 months from when your dam was finished.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307315.

Topics:
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134C: Offence of failing to classify dam, or

“You can get in trouble if you don't sort your dam into the right group when you're supposed to.”

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135A: Certifying engineer must notify regional authority and owner if dam dangerous, or

“An engineer checking a dam must tell the local council and owner if they think the dam is dangerous.”

Part 2 Building
Safety of dams: Classification of dams

135Owner must provide classification of, and certificate for, dam to regional authority

  1. An owner of a dam must provide the regional authority in whose region the dam is situated with—

  2. the classification given by the owner to the dam; and
    1. a certificate from an engineer that—
      1. states that the classification of the dam accords with the prescribed criteria and standards for dam safety; and
        1. states that the engineer is a recognised engineer; and
          1. has attached to it evidence that the engineer is a recognised engineer.

          2. The owner must comply with subsection (1) no later than,—

          3. if the dam is commissioned before the day on which regulations that prescribe criteria and standards for dam safety come into force, 3 months after those regulations come into force; or
            1. if the dam is commissioned on or after the day on which regulations that prescribe criteria and standards for dam safety come into force, 3 months after the dam is commissioned.

              Notes
              • Section 135(2)(a): replaced, on , by section 13 of the Building Amendment Act 2019 (2019 No 27).
              • Section 135(2)(b): replaced, on , by section 13 of the Building Amendment Act 2019 (2019 No 27).