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Building Act 2004

Building - Safety of dams - Dam safety assurance programmes

146: Review of dam safety assurance programme

You could also call this:

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

If you own a dam that needs a safety assurance programme, you must review it regularly. For high potential impact dams, you need to review the programme within 5 years of the regional authority approving it, and then every 5 years after that. For medium potential impact dams, you need to review it within 10 years of approval, and then every 7 years after that.

You also need to review the programme if you do any building work that requires a consent and could change how the dam might affect people, property, or the environment. If your dam is prone to earthquakes or floods, you might need to review the programme when the regional authority asks you to.

When you review your dam safety assurance programme, you need to follow the same rules as when you first made it. You can find these rules in sections 142 and 143 of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307327.

Topics:
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Housing and property > Home safety and repairs
Previous

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

“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”

Next

147: Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme, or

“Changes to a dam's safety plan must follow the same rules as making a new one.”

Part 2 Building
Safety of dams: Dam safety assurance programmes

146Review of dam safety assurance programme

  1. An owner of a dam to whom section 140 applies must review the dam safety assurance programme of a dam,—

  2. in the case of a dam that has been classified as a high potential impact dam,—
    1. within 5 years after the date on which the regional authority approves, or is deemed to approve, the dam safety assurance programme; and
      1. after the first review, at intervals of not more than 5 years; and
      2. in the case of a dam that has been classified as a medium potential impact dam,—
        1. within 10 years after the date on which the regional authority approves, or is deemed to approve, the dam safety assurance programme; and
          1. after the first review, at intervals of not more than 7 years.

          2. The owner must also review the dam safety assurance programme—

          3. if, at any time,—
            1. building work that requires a building consent is carried out on the dam; and
              1. the building work results, or could result, in a change to the potential impact of the dam on persons, property, or the environment; or
              2. when requested by the regional authority to do so, if the dam is an earthquake-prone dam or a flood-prone dam.

                1. Sections 142 and 143 apply, with all necessary modifications, to a reviewed dam safety assurance programme.

                Notes
                • Section 146(1)(b)(ii): amended, on , by section 43 of the Building Amendment Act 2013 (2013 No 100).
                • Section 146(2): replaced, on , by section 29 of the Building Amendment Act 2008 (2008 No 4).