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Building Act 2004

Building - Safety of dams - Classification of dams

134C: Offence of failing to classify dam

You could also call this:

“You can get in trouble if you don't sort your dam into the right group when you're supposed to.”

If you are responsible for a dam, you must classify it according to the rules in [section 134B]. If you don’t do this, you are breaking the law. This is called an offence.

If you commit this offence, you might have to pay a fine. The amount of the fine depends on whether you are an individual person or a company:

  • If you are an individual person, you might have to pay up to $50,000.
  • If you are a company, you might have to pay up to $150,000.

The court will decide if you are guilty and how much you have to pay if you are found guilty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5769560.

Topics:
Environment and resources > Farming and fishing
Crime and justice > Criminal law
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134BA: Classification of dams that are canals, or

“Rules for sorting canal dams into different groups based on how risky they are”

Next

135: Owner must provide classification of, and certificate for, dam to regional authority, or

“The person in charge of a dam must tell the local authority how safe the dam is and give them proof from an expert.”

Part 2 Building
Safety of dams: Classification of dams

134COffence of failing to classify dam

  1. A person to whom section 134 applies who fails to classify the dam in accordance with section 134B commits an offence and is liable on conviction,—

  2. in the case of an individual, to a fine not exceeding $50,000:
    1. in the case of a body corporate, to a fine not exceeding $150,000.

      Notes
      • Section 134C: replaced, on , by section 39 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).