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Building Act 2004

Building - Safety of dams - Dangerous dams

157: Measures to avoid immediate danger

You could also call this:

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

If a dam is in a state that could cause immediate danger to people, property, or the environment, the chief executive of a regional authority can take action. They can sign a warrant to do whatever they think is necessary to remove the danger.

If the regional authority takes action to remove the danger, the owner of the dam has to pay for it. The regional authority can make the owner pay back the costs. The amount the owner has to pay becomes a charge on the land where the dam is located.

The chief executive and the regional authority won’t get in trouble if they issue a warrant in good faith to remove the danger.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307341.

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Housing and property > Home safety and repairs
Environment and resources > Town planning
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156: Regional authority may carry out work, or

“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.”

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158: Regional authority must apply to District Court for confirmation of warrant, or

“The safety group must ask a judge to confirm if their actions to enter someone's property were okay.”

Part 2 Building
Safety of dams: Dangerous dams

157Measures to avoid immediate danger

  1. This section applies if, because of the state of a dam, immediate danger to the safety of persons, property, or the environment is likely.

  2. The chief executive of a regional authority may, by warrant issued under his or her signature, cause any action to be taken that is necessary in his or her judgment to remove that danger.

  3. If the regional authority takes action under subsection (2),—

  4. the owner of the dam is liable for the costs of the action; 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.

        1. The chief executive of the regional authority and the regional authority are not under any liability arising from the issue, in good faith, of a warrant under subsection (2).

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