133ARTerritorial authority may impose safety requirements

1. If a territorial authority determines that a building or a part of a building in its district is earthquake prone, the territorial authority may do any or all of the following:

2. put up a hoarding or fence to prevent people from approaching the building or part nearer than is safe:
3. attach in a prominent place, on or adjacent to the building or part, a notice that warns people not to approach the building or part:
4. issue a notice that complies with subsection (2) restricting entry to the building or part for particular purposes or restricting entry to particular persons or groups of persons.

5. A notice issued under subsection (1)(c)—

6. must be in writing; and
7. must be fixed to the building in question; and
8. must be given in the form of a copy to the persons listed in section 133AL(5); and
9. may be issued for a period of up to 30 days; and
10. may be reissued, but not more than once, for a further period of up to 30 days.

11. However, a notice issued under subsection (1)(c), if fixed on the building, is not invalid because a copy of it has not been given to any or all of the persons listed in section 133AL(5).

12. If, in relation to a building or a part of a building, a territorial authority has put up a hoarding or fence or attached a notice under subsection (1)(b) or (c), no person may, other than in accordance with the terms of a notice issued under subsection (1)(c),—

13. use or occupy the building or part; or
14. permit another person to use or occupy the building or part.

Notes

• Section 133AR: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).