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Building Act 2004

Building - Safety of dams - Dangerous dams

155: Requirements for notice given under section 154

You could also call this:

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

When a notice is given about a dangerous dam under section 154(1)(c), it must be stuck to the dam itself. The notice needs to say if you, as the owner, need to get a building consent to do the work the notice tells you to do.

A copy of this notice must be given to you if you own the dam, anyone who lives in or uses the dam, and anyone who has a legal interest in the land where the dam is. This includes people who have a mortgage on the land or have registered their interest under the Land Transfer Act 2017.

The notice also needs to be given to any government authority that has classified or registered the dam or the land it’s on for any reason. If the dam is considered a heritage dam, Heritage New Zealand Pouhere Taonga must get a copy too.

It’s important to know that even if some people don’t get a copy of the notice, it’s still valid as long as it’s stuck to the dam.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307339.

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Part 2 Building
Safety of dams: Dangerous dams

155Requirements for notice given under section 154

  1. A notice given under section 154(1)(c) must—

  2. be fixed to the dam concerned; and
    1. state whether the owner of the dam must obtain a building consent in order to carry out the work required by the notice.

      1. A copy of the notice must be given to—

      2. the owner of the dam; and
        1. an occupier of the dam; and
          1. every person who has an interest in the land on which the dam is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017; and
            1. every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017; and
              1. every statutory authority that has exercised a statutory power to classify or register, for any purpose, the dam or the land on which the dam is situated; and
                1. Heritage New Zealand Pouhere Taonga, if the dam is a heritage dam.

                  1. However, the notice, if fixed on the dam, is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (2).

                  Notes
                  • Section 155(2)(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                  • Section 155(2)(d): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                  • Section 155(2)(e): replaced, on , by section 26 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                  • Section 155(2)(f): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).