In this Part,—

amendment Act means the Building (Earthquake-prone Buildings) Amendment Act 2016

commencement date means the day on which section 24 of the amendment Act (which inserts subpart 6A of Part 2) comes into force.

This clause applies to a building or a part of a building if, before the commencement date, a territorial authority issued a written notice under section 124(2)(c)(i) (the old notice) requiring work to be carried out on the building or part, by a deadline stated in the old notice (the old deadline), to reduce or remove the danger associated with the building or part being earthquake prone (the seismic work).

If subpart 6A of Part 2 does not apply to the building (see section 133AA),—

If subpart 6A of Part 2 does apply to the building,—

To avoid doubt, for the purpose of subclause (3)(d) the deadline calculated under section 133AM(2) is the expiry of the relevant period as measured from the date of the EPB notice and not from the date of the old notice.

If an old deadline is preserved by subclause (3)(d)(i) but the period given for completing the seismic work under the old notice is shorter than the relevant period specified in section 133AM(2) (for example, an old notice issued for a building in an area of medium seismic risk required the owner to complete seismic work within 20 years after the date of that notice, but the period specified in section 133AM(2) that is relevant to the building is 25 years),—

If a territorial authority grants an application under subclause (5), the territorial authority must—

This clause applies to a policy under section 131 (policy on dangerous, earthquake-prone, and insanitary buildings) that is adopted by a territorial authority before the commencement date.

To the extent that the policy applies to earthquake-prone buildings, the policy ceases to apply on the commencement date.

As soon as is reasonably practicable after the commencement date, the territorial authority must amend or replace the policy to remove references to earthquake-prone buildings.

Section 132 applies to an amendment or a replacement made under subclause (3), except that the special consultative procedure in section 83 of the Local Government Act 2002 (see section 132(2)) does not apply unless the amendment or replacement materially affects the policy as it applies to dangerous and insanitary buildings.

The fact that provisions added to this Act by the amendment Act refer separately to buildings and parts of buildings does not limit or affect any other provision of this Act in terms of how that provision applies in respect of parts of buildings.

This clause applies if the whole or a part of an area that is designated under section 133BC is—

The provisions of subpart 6B of Part 2 apply to the area on and after the commencement date as if the state of emergency had been declared, the transition period had been notified, or the emergency had arisen on or after that date.

In this clause, commencement date means the date on which section 12 of the Building Amendment Act 2019 comes into force.

The requirements in section 207C(1)(a) and (b) may be satisfied even if the matters to which they relate (the building failure and resulting risk or potential risk) occurred before the commencement date.

In this clause, commencement date means the date on which section 20 of the Building Amendment Act 2019 comes into force.

This Part applies until the main commencement date (as defined in clause 2 of Schedule 1 of the Legislation Act 2019).

This clause applies to—

The rules must be—

The chief executive must ensure that the following are publicly available on the Ministry’s Internet site:

The rules are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

An existing reference to a building method or product (as defined in section 20, as in force before the commencement date) is to be read as a reference to a building product (as defined in section 9A) or a building method (as defined in section 9B), as the case requires.

Subclause (1) applies unless the context otherwise requires.

In this clause,—

commencement date means the date on which section 7 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 comes into force

existing reference means a reference in regulations or any document made under, or in connection with, this Act that was made before the commencement date.

On and after the commencement date, a current PCB is taken to be a registered PCB.

If, immediately before the commencement date, the current PCB’s accreditation was suspended, their registration is taken to also be suspended (as if it had been suspended under section 267C(2) when the accreditation was suspended).

However, subclause (1) ceases to apply to a person on the earlier of the following:

The chief executive must update the register kept under section 273(1)(d) to show the effect of this clause.

In this clause,—

commencement date means the date on which section 66 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 comes into force

current PCB means a person who was an accredited product certification body immediately before the commencement date (even if the accreditation was suspended).

On the commencement date, a current certificate becomes a registered product certificate as if it had been registered under section 272A.

If, immediately before the commencement date, the current certificate was suspended, the registration is taken to also be suspended (as if it had been suspended under section 272B(2) when the certificate was suspended).

The chief executive must update the register kept under section 273(1)(e) to show the effect of this clause.

In this clause,—

commencement date means the date on which section 67 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 comes into force

current certificate means a product certificate that was in force immediately before the commencement date (even if it was suspended).

If a continued certificate relates to a building design, the certificate provisions apply as if the references in them to a building method included references to a building design.

If a continued certificate relates to a building design method, the certificate provisions apply as if the references in them—

In this clause,—

certificate provisions means the provisions of this Act relating to product certificates, any regulations relating to product certificates, and any product certification scheme rules made under section 272E(3) to supplement those regulations

continued certificate means a current certificate that becomes a registered product certificate under clause 11.

Section 378, as in force before the commencement of section 91 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021, continues to apply in relation to offences committed before that commencement.

The provisions of this Act, as amended by the amendment Act, apply only in respect of levies imposed on or after the commencement of the amendment Act.

In this clause and clauses 15 to 17, amendment Act means the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024.

A territorial authority must not impose a fee for issuing any notice under section 133AL(2), or any other provision of this Act, notifying building owners of changes to deadlines for completing seismic work made by the amendment Act or an Order in Council made under that Act.

On the commencement of the amendment Act, clause 2 of this schedule continues to apply and—

If an extension of a deadline granted under clause 2 of this schedule is for a latter date than the extended deadline that would otherwise apply under any of sections 133AM to 133AMC, the extension granted under clause 2 applies.

If, before the commencement of the amendment Act, a person has been charged under this Act with an offence relating to the failure to complete seismic work on or before 1 April 2024, the proceedings in respect of the charge continue as if the amendment Act had not been enacted.

If a person is at any time alleged to have failed to complete required seismic work on or before 1 April 2024, the person may be charged under this Act after the commencement of the amendment Act and the proceedings may be completed as if the amendment Act had not been enacted.

However, if an owner fails to comply with a deadline that expires on or after 2 April 2024 but before the commencement of the amendment Act, that person is deemed not to have committed an offence under section 133AU(1) of this Act.