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Building Act 2004

Building - Special provisions for dangerous, affected, and insanitary buildings - Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

128A: Offences in relation to dangerous, affected, or insanitary buildings

You could also call this:

“People can get in trouble if they don't follow rules about unsafe buildings.”

If you don’t follow a notice given to you under section 124(2)(c) that was given to you under section 125(2), you are breaking the law. If you are found guilty, you can be fined. If you are a person, you could be fined up to $300,000. If you are a company, you could be fined up to $1,500,000.

If you don’t follow section 128(2), you are also breaking the law. If you are found guilty, you can be fined up to $200,000. If you keep breaking this law, you can be fined an extra $20,000 for each day or part of a day that you continue to break it.

These rules are about dangerous, affected, or unsanitary buildings. You need to follow these rules to avoid getting into trouble with the law and having to pay large fines.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5769524.

Topics:
Crime and justice > Criminal law
Housing and property > Home safety and repairs
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Part 2 Building
Special provisions for dangerous, affected, and insanitary buildings: Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

128AOffences in relation to dangerous, affected, or insanitary buildings

  1. A person who fails to comply with a notice issued under section 124(2)(c) that is given to that person under section 125(2)—

  2. commits an offence; and
    1. is liable on conviction,—
      1. 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.

        2. A person who fails to comply with section 128(2)—

        3. commits an offence; and
          1. is liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.

            Notes
            • Section 128A: inserted, on , by section 35 of the Building Amendment Act 2013 (2013 No 100).
            • Section 128A heading: amended, on , by section 20 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
            • Section 128A(1)(b): replaced, on , by section 36 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).