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Building Act 2004

Building - Special provisions for earthquake-prone buildings - Methodology for identifying earthquake-prone buildings (EPB methodology)

133AV: Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)

You could also call this:

"Chief executive must create a plan to identify buildings at risk of earthquakes"

Illustration for Building Act 2004

The chief executive must create a plan to identify buildings that are prone to earthquakes. You will use this plan to find out which buildings in your area might be at risk. The plan will help you decide if a building is earthquake prone and how prone it is. The chief executive's plan may say which types of buildings are more likely to be at risk. You can use the plan to work out if a building is prone to earthquakes. The plan must say what is needed to assess a building's risk and how to use tests that were done before this law started. The chief executive must make the plan within a month of this law starting. The plan can include information from other laws, such as sections 405 to 413. The chief executive can change the plan at any time and must tell territorial authorities when the plan is ready. If the chief executive changes the plan, other laws like sections 133AW and sections 133AX will apply. The plan is a type of law called secondary legislation, which has its own rules for publication, as outlined in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7337100.

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Part 2Building
Special provisions for earthquake-prone buildings: Methodology for identifying earthquake-prone buildings (EPB methodology)

133AVChief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)

  1. The chief executive must set a methodology for identifying earthquake-prone buildings (the EPB methodology) that specifies how territorial authorities are to—

  2. identify the buildings or parts of buildings in their district that are potentially earthquake prone; and
    1. determine whether a potentially earthquake-prone building or part of a building is earthquake prone and, if it is, its earthquake rating.

      1. The methodology—

      2. may specify buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and
        1. may specify a method for identifying buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and
          1. must specify the requirements for an engineering assessment of a building or a part of a building; and
            1. must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building or a part of a building is earthquake prone or potentially earthquake prone.

              1. The chief executive must set the methodology no later than 1 month after the commencement of this section.

              2. The methodology may incorporate material by reference in accordance with sections 405 to 413.

              3. The chief executive may amend or replace the methodology at any time.

              4. If the chief executive amends or replaces the methodology, sections 133AW and 133AX apply in respect of the amendment or replacement with any necessary modifications.

              5. As soon as practicable after the chief executive has set the EPB methodology, the chief executive must notify territorial authorities that the methodology has been set.

              6. An instrument setting the EPB methodology under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 133AV: inserted, on , by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
              • Section 133AV(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 133AV(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).