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Building Act 2004

Building - Special provisions for earthquake-prone buildings - Identifying earthquake-prone buildings

133AK: Territorial authority must determine whether building is earthquake prone

You could also call this:

“The local council must check if a building is safe during earthquakes”

When you give the local council an engineer’s report about a building, they must decide if the building is earthquake prone. They use a special method to do this. If the building is earthquake prone, they also work out how strong it is against earthquakes.

If the council decides your building is not earthquake prone, they will tell you in writing soon after.

If the council decides your building is earthquake prone, they will do two things quickly. First, they will give you a special notice about it. Second, they will put information about your building in a special list of earthquake-prone buildings.

If you don’t give the council an engineer’s report when they ask for it, or if you tell them you won’t give it to them, the council will act as if your building is earthquake prone. They won’t try to work out how strong it is against earthquakes. The law will treat your building as if it’s earthquake prone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7333554.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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133AJ: Owners may apply for extension of time to provide engineering assessment, or

“Building owners can ask for more time to get their building checked for earthquake safety”

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133AL: Territorial authority must issue EPB notice for earthquake-prone buildings, or

“Local council must give an official notice to owners of buildings at risk during earthquakes”

Part 2 Building
Special provisions for earthquake-prone buildings: Identifying earthquake-prone buildings

133AKTerritorial authority must determine whether building is earthquake prone

  1. If a territorial authority receives an engineering assessment of a building or a part of a building in response to a request made under section 133AH, the territorial authority must determine, in accordance with the EPB methodology,—

  2. whether the building or part is earthquake prone; and
    1. if the building or part is earthquake prone, its earthquake rating.

      1. If the territorial authority determines that the building or part is not earthquake prone, the territorial authority must promptly notify the owner in writing of its decision.

      2. If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—

      3. issue an EPB notice for the building or part under section 133AL; and
        1. record the details of the decision in the EPB register and update other information in the EPB register as necessary.

          1. If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH, and either does not receive it by the due date or is notified that the owner does not intend to provide it by the due date,—

          2. the territorial authority—
            1. must proceed as if it had determined the building or part to be earthquake prone; and
              1. need not determine the earthquake rating of the building or part; and
              2. this Act applies as if the territorial authority had determined the building or part to be earthquake prone.

                Notes
                • Section 133AK: inserted, on , by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).