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New Zealand law explained for everyone

Building Act 2004

Building - Safety of dams - Dangerous dams

156: Regional authority may carry out work

You could also call this:

“If a dam owner doesn't fix a dangerous dam, the local council can ask a judge for permission to fix it themselves and make the owner pay for it.”

If you don’t finish the building work that a regional authority has told you to do, or if you’re not doing it quickly enough, the regional authority can ask the District Court for permission to do the work themselves. This applies to work the authority has asked you to do on a dangerous dam.

Before the regional authority can ask the court for permission, they must give you at least 10 days’ written notice that they plan to do this.

If the court allows the regional authority to do the building work, you will have to pay for it. The regional authority can make you pay for the costs, and they can put a charge on your land where the dam is located to make sure they get paid.

The regional authority can do this if you don’t complete the work within the time they gave you in their notice, or within any extra time they allowed you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307340.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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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”

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157: Measures to avoid immediate danger, or

“ The regional authority can take quick action to keep people safe if a dam looks dangerous ”

Part 2 Building
Safety of dams: Dangerous dams

156Regional authority may carry out work

  1. A regional authority may apply to the District Court for an order authorising the regional authority to carry out building work if any work required under a notice given by the regional authority under section 154(1)(c) is not completed, or not proceeding with reasonable speed, within—

  2. the time stated in the notice; or
    1. any further time that the regional authority may allow.

      1. Before the regional authority applies to the District Court under subsection (1), the regional authority must give the owner of the dam not less than 10 days' written notice of its intention to do so.

      2. If a regional authority carries out building work under the authority of an order made under subsection (1),—

      3. the owner of the dam is liable for the costs of the work; and
        1. the regional authority may recover those costs from the owner; and
          1. the amount recoverable by the regional authority becomes a charge on the land on which the dam is situated.

            Notes
            • Section 156(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 156(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).