Building Act 2004

Building - Safety of dams - Dam compliance certificate

150: Owner of dam must supply annual dam compliance certificate

You could also call this:

"Dam owners must give a yearly safety certificate to show they're following the rules to keep their dam safe."

If you own a dam, you must give the regional authority a dam compliance certificate every year. This certificate must say that you have followed all the safety rules for your dam, except for some small things that are not a big deal. You must sign the certificate, and an engineer must also sign it to confirm that everything is okay.

The engineer must check that you have done everything you were supposed to do to keep your dam safe. They must also say that they are a recognised engineer and give proof of this. The certificate must be given to the regional authority on the anniversary of when your dam's safety plan was approved.

If you do not give the regional authority the certificate, or if you give them a false certificate, you can get in trouble. You might have to pay a fine, which could be up to $20,000 if you are an individual or up to $60,000 if you are a company. If you give a false certificate on purpose, the fine could be up to $50,000 for an individual or up to $150,000 for a company.

The rules about dams are in the Building Act 2004, which you can find on the New Zealand legislation website. Some of these rules were changed by the Building Amendment Act 2013 and the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307333.


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149: Who is recognised engineer, or

"A special engineer who checks dams and has the right skills, but doesn't own or make money from the dam."


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150A: Annual dam compliance certificate requirements not to apply to accredited dam owner, or

"Trusted dam owners don't need to get a yearly safety check for their dams."

Part 2Building
Safety of dams: Dam compliance certificate

150Owner of dam must supply annual dam compliance certificate

  1. An owner of a dam for which a dam safety assurance programme has been approved, or is deemed to have been approved, must supply to the regional authority a dam compliance certificate in accordance with subsection (2).

  2. The dam compliance certificate must—

  3. be supplied on each anniversary of the approval, or deemed approval, of the dam safety assurance programme; and
    1. state that, except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been fully complied with during the previous 12 months; and
      1. be signed by,—
        1. if the owner is an individual, that individual; or
          1. if the owner is a body corporate, the chief executive of that body corporate or, if there is no chief executive, a person with an equivalent position in the body corporate; and
          2. be in the prescribed form; and
            1. contain the prescribed information; and
              1. have attached to it a certificate from an engineer that—
                1. confirms that—
                  1. the engineer has reviewed the owner's reports and other documents relating to the procedures in the dam safety assurance programme that the owner has followed in the previous 12 months; and
                    1. except for the identified, minor items of non-compliance, all procedures in the dam safety assurance programme have been complied with during the previous 12 months; and
                    2. states that the engineer is a recognised engineer; and
                      1. has attached to it evidence that the engineer is a recognised engineer.
                      2. A person commits an offence if the person—

                      3. fails to supply to the regional authority a dam compliance certificate in accordance with subsection (2); or
                        1. supplies such a certificate, knowing that it is false or misleading in any respect.
                          1. A person who commits an offence against subsection (3)(a) is liable on conviction,—

                          2. in the case of an individual, to a fine not exceeding $20,000:
                            1. in the case of a body corporate, to a fine not exceeding $60,000.
                              1. A person who commits an offence against subsection (3)(b) is liable on conviction,—

                              2. 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. Repealed
                                  Notes
                                  • Section 150(2)(b): replaced, on , by section 46(1) of the Building Amendment Act 2013 (2013 No 100).
                                  • Section 150(2)(f)(i)(B): replaced, on , by section 46(2) of the Building Amendment Act 2013 (2013 No 100).
                                  • Section 150(3): replaced, on , by section 22 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
                                  • Section 150(4): replaced, on , by section 22 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
                                  • Section 150(5): replaced, on , by section 22 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
                                  • Section 150(6): repealed, on , by section 22 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).