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Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

435: Transitional provision for notices issued under former Act

You could also call this:

“Old notices about fixing buildings are now treated like new notices under the current law.”

This section of the law talks about what happens to certain notices that were given out before this new law started. These notices were about fixing problems with buildings.

If you received a notice to fix something wrong with a building before this law began, it will now be treated as if it was given under the new law. The notice to fix will now be considered as if it was given under section 164 of this new law.

If you got a notice about a dangerous building, an unhealthy building, or a building that might fall down in an earthquake, those notices will now be treated as if they were given under section 124(1)(c) of this new law.

This change helps make sure that old notices still work under the new law, even though they were given out before the new law started.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309319.

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Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

435Transitional provision for notices issued under former Act

  1. This section applies to any of the following notices issued before the commencement of this section:

  2. a notice to rectify under section 42 of the former Act (including a notice that is deemed to be a notice to rectify under section 45(4) or section 46(5) of that Act):
    1. a notice under section 65(1)(b) of the former Act requiring work to be done on a dangerous building:
      1. a notice under section 65(2) of the former Act requiring work to be done on an insanitary building:
        1. a notice under section 66(3)(b) of the former Act requiring work to be done on an earthquake-prone building.

          1. On and from the commencement of this section, a notice to which this section applies must,—

          2. in the case of the notice referred to in subsection (1)(a), be treated as if it were a notice given under section 164 of this Act; and
            1. in the case of the notice referred to in subsection (1)(b) or (c) or (d), be treated as if it were a notice given under section 124(1)(c) of this Act.