Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Safety of dams - Dam safety assurance programmes

145: Regional authority must require re-audit of dam safety assurance programme that it refuses to approve

You could also call this:

“If a local council says no to a dam safety plan, they must tell the dam owner to get an expert to check it again”

If a regional authority doesn’t approve your dam safety assurance programme, they will tell you to get it checked by a recognised engineer. You need to do this and give the regional authority two things: a new, checked programme and a certificate from the engineer that meets the requirements of section 142(1)(b).

You have to do this within 15 working days after the regional authority says no to your programme. Sometimes, they might give you more time if you need it.

The same rules apply to this new, checked programme as they did to the first one.

If you don’t get your programme checked when the regional authority tells you to, you’re breaking the law. If you’re found guilty of this, 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.

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 It might be out of date or be missing some parts.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=DLM307326.

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

144: Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved, or

“ Trusted dam owners can skip checks and get quick approval for their safety plans ”

Next

146: Review of dam safety assurance programme, or

“The owner must check the dam safety plan regularly to make sure it's still good”

Part 2 Building
Safety of dams: Dam safety assurance programmes

145Regional authority must require re-audit of dam safety assurance programme that it refuses to approve

  1. If a regional authority refuses to approve a dam safety assurance programme,—

  2. the regional authority must direct the owner of the dam concerned to have the dam safety assurance programme audited by a recognised engineer; and
    1. the owner must, within the time required by subsection (2), submit to the regional authority—
      1. a re-audited dam safety assurance programme; and
        1. a certificate from the recognised engineer that meets the requirements of section 142(1)(b).

        2. The time required is—

        3. 15 working days after the date on which the regional authority refused to approve the dam safety assurance programme; or
          1. any later date that the regional authority in any particular case may allow.

            1. Subsection (1) and section 143 apply, with all necessary modifications, to a re-audited dam safety assurance programme.

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

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

            4. 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.

                Notes
                • Section 145(5): replaced, on , by section 42 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).