Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Safety of dams - Dam safety assurance programmes

142: Owner must provide dam safety assurance programme to regional authority

You could also call this:

“The person who owns a dam must give the local government a safety plan and a certificate from an expert to show the dam is safe.”

If you own a dam that falls under section 140, you need to give some important information to the regional authority where your dam is located. You must provide them with your dam safety assurance programme. This is a plan that shows how you will keep your dam safe.

Along with your safety programme, you need to give the regional authority a certificate from an engineer. This certificate needs to say a few things:

  1. It must state that your safety programme meets the required safety standards for dams.
  2. It must confirm that your safety programme includes a complete list of all the structures that are part of your dam.
  3. It must say that the engineer who wrote the certificate is a recognised engineer.
  4. The certificate must also have proof attached that shows the engineer is indeed recognised.

There are different deadlines for when you need to provide this information, depending on how your dam has been classified:

  1. If your dam is classified as high potential impact, you have 1 year from when the regional authority approves this classification.
  2. If your dam is classified as medium potential impact, you have 2 years from when the regional authority approves this classification.

Remember, these deadlines start from when the regional authority approves the classification, or when they are considered to have approved 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 It might be out of date or be missing some parts.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=DLM307323.

Topics:
Housing and property > Home safety and repairs
Environment and resources > Conservation
Business > Industry rules
Previous

141: Content of dam safety assurance programme, or

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

Next

143: Regional authority must decide whether to approve or refuse dam safety assurance programme, or

“The regional authority must tell the dam owner if they accept or reject the dam safety plan after checking if a proper engineer approved it.”

Part 2 Building
Safety of dams: Dam safety assurance programmes

142Owner must provide dam safety assurance programme to regional authority

  1. An owner of a dam to whom section 140 applies must provide the regional authority in whose region the dam is situated with—

  2. the owner's dam safety assurance programme; and
    1. a certificate from an engineer that—
      1. states that the dam safety assurance programme meets the prescribed criteria and standards for dam safety; and
        1. states that the dam safety assurance programme contains a full list of the dam's appurtenant structures as determined by the engineer; 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 has been classified as a high potential impact dam, 1 year after the date on which the regional authority approves, or is deemed to approve, that classification; or
              1. if the dam has been classified as a medium potential impact dam, 2 years after the date on which the regional authority approves, or is deemed to approve, that classification.

                Notes
                • Section 142(1)(b)(ia): inserted, on , by section 42 of the Building Amendment Act 2013 (2013 No 100).