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Building Act 2004

Building - Safety of dams - Dam safety assurance programmes

140: Requirement for dam safety assurance programme

You could also call this:

“Dam owners must create and check safety plans for medium and high-risk dams, or face fines.”

If you own a dam that has been classified as a medium or high potential impact dam under section 134B or reclassified under section 139, you need to do two things. First, you must prepare, or have someone prepare for you, a dam safety assurance programme. Second, you must give this programme to a recognised engineer to check it.

If you don’t do these things, you’re breaking the law. If you’re caught, you could be fined. If you’re an individual, you might have to pay up to $50,000. If you’re a company, you might have to pay up to $150,000.

It’s important to know that if you’re a recognised engineer, you’re allowed to both prepare the dam safety assurance programme and check it for the same dam.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307321.

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“ The person who owns the dam must check if the dam's rating is still correct every few years and after making big changes to it. ”

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“The rules say what must be included in a plan to keep dams safe.”

Part 2 Building
Safety of dams: Dam safety assurance programmes

140Requirement for dam safety assurance programme

  1. This section applies to an owner of a dam that has been classified under section 134B, or reclassified under section 139, as—

  2. a medium potential impact dam; or
    1. a high potential impact dam.

      1. An owner to whom this section applies must—

      2. prepare, or arrange for the preparation of, a dam safety assurance programme for the dam; and
        1. submit the dam safety assurance programme to a recognised engineer for audit.

          1. A person commits an offence if the person fails to comply with subsection (2).

          2. A person who commits an offence under this section is liable on conviction,—

          3. in the case of an individual, to a fine not exceeding $50,000:
            1. in the case of a body corporate, to a fine not exceeding $150,000.

              1. To avoid doubt, a person may do both of the following in respect of the same dam if the person is a recognised engineer:

              2. prepare the dam safety assurance programme for that dam; and
                1. audit the dam safety assurance programme for that dam.

                  Notes
                  • Section 140(1): amended, on , by section 41 of the Building Amendment Act 2013 (2013 No 100).
                  • Section 140(4): replaced, on , by section 41 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).