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Building Act 2004

Building - Safety of dams - Dangerous dams

154: Powers of regional authorities in respect of dangerous dams

You could also call this:

“Regional authorities can take action to protect people from unsafe dams.”

If a regional authority thinks a dam is dangerous, they can do a few things to keep people safe. They can put up a fence to stop people from getting too close to the dam. They can also put up a sign near the dam to warn people not to go near it.

The regional authority can also tell the dam owner to fix the dangerous parts of the dam. They will give the owner a written notice that says what work needs to be done and when it needs to be finished. The owner will have at least 10 days to do this work after they get the notice.

If someone doesn’t do the work that the regional authority tells them to do, they are breaking the law. This is called an offence. If a person does this, they can be punished. If it’s just one person, they might have to pay up to $300,000. If it’s a company, they might have to pay up to $1,500,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307338.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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153B: Owner must notify regional authority of dangerous dam, or

“If you think your dam might be dangerous, you must tell the local authorities right away.”

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155: Requirements for notice given under section 154, or

“Rules for putting up notices on dangerous dams and telling people about them”

Part 2 Building
Safety of dams: Dangerous dams

154Powers of regional authorities in respect of dangerous dams

  1. If a regional authority is satisfied that a dam is dangerous, the regional authority may—

  2. put up a hoarding or fence to prevent people from approaching the dam nearer than is safe:
    1. attach in a prominent place on, or adjacent to, the dam a notice that warns people not to approach the dam:
      1. give written notice requiring work to be carried out on the dam, within a time stated in the notice (which must not be less than 10 days after the notice is given under section 155), to reduce or remove the danger.

        1. Repealed

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

        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 $300,000:
          1. in the case of a body corporate, to a fine not exceeding $1,500,000.

            Notes
            • Section 154(2): repealed, on , by section 25 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
            • Section 154(4): replaced, on , by section 44 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).