Building Act 2004

Building - Special provisions for earthquake-prone buildings - Application and interpretation

133AF: Role of territorial authority in identifying certain priority buildings

You could also call this:

"Councils must find buildings that could be dangerous in an earthquake and block roads or paths."

If you live in an area with medium or high seismic risk, your local council has some responsibilities. They must identify parts of roads, footpaths, or other thoroughfares where unreinforced masonry buildings could fall during an earthquake and where many people walk or drive. They have to use a special process, called the special consultative procedure in section 83 of the Local Government Act 2002, to do this.

Your local council may also choose to identify buildings that could block important transport routes during an earthquake. If they decide to do this, they must use the same special consultative procedure. However, they can only identify these buildings using this process.

If your local council is required to or decides to use this special process, they must do it within a certain time frame. This time frame is so they can meet the deadlines for identifying potentially earthquake-prone priority buildings in their area, as stated in section 133AG(4). They do not have to do this if there is no chance of any thoroughfares in their area meeting the required criteria.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7340942.


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133AE: Meaning of priority building, or

"What is a priority building in areas with high earthquake risk?"


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133AG: Territorial authority must identify potentially earthquake-prone buildings, or

"Local councils must find buildings that might fall down in earthquakes within set time limits."

Part 2Building
Special provisions for earthquake-prone buildings: Application and interpretation

133AFRole of territorial authority in identifying certain priority buildings

  1. This section applies to a territorial authority whose district includes any area of medium or high seismic risk.

  2. The territorial authority,—

  3. for the purpose of section 133AE(1)(e) (prioritising parts of unreinforced masonry buildings), must use the special consultative procedure in section 83 of the Local Government Act 2002 to identify any part of a public road, footpath, or other thoroughfare in an area of medium or high seismic risk—
    1. onto which parts of an unreinforced masonry building could fall in an earthquake; and
      1. that has sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of those parts of unreinforced masonry buildings; and
      2. for the purpose of section 133AE(1)(f) (prioritising buildings that could impede a strategic transport route),—
        1. may, in its discretion, initiate the special consultative procedure in section 83 of the Local Government Act 2002 to identify buildings for that purpose; but
          1. must not identify buildings for that purpose other than in accordance with the special consultative procedure.
          2. However, a territorial authority is not required to act under subsection (2)(a) if there is no reasonable prospect of any thoroughfare in its district satisfying the criteria set out in subsection (2)(a)(i) and (ii).

          3. If a territorial authority is required by subsection (2)(a) or decides under subsection (2)(b) to use the special consultative procedure in section 83 of the Local Government Act 2002, it must use the procedure within a time frame that enables the territorial authority to meet the applicable time frame under section 133AG(4) for identifying potentially earthquake-prone priority buildings in its district.

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