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New Zealand law explained for everyone

Building Act 2004

Building - Special provisions for dangerous, affected, and insanitary buildings - Interpretation and application

123A: Application of this subpart to parts of buildings

You could also call this:

“This rule explains how the law about unsafe buildings can be used for just part of a building, not the whole thing.”

This part of the law talks about how the local council (called a territorial authority) can deal with parts of buildings that are dangerous or not healthy to live in (insanitary). If the council thinks only part of a building is dangerous or insanitary, they can use their powers just for that part instead of the whole building. The law will work the same way, but with some small changes to make sense for just part of a building.

The same idea applies to buildings that are affected by other dangerous or insanitary buildings nearby. The council can use their powers for all or part of these affected buildings. Again, the law will work in a similar way, but with small changes to make sense for these situations.

When the law talks about dangerous buildings, you can find out what that means in section 121. For insanitary buildings, you can look at section 123 to understand what that means.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7341562.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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123: Meaning of insanitary building, or

“A building that is unsafe to live in because it's dirty, damp, or doesn't have clean water or proper toilets.”

Next

123B: Buildings in areas designated under subpart 6B, or

“Rules for dangerous or insanitary buildings in special areas don't apply, but some actions taken before can still happen.”

Part 2 Building
Special provisions for dangerous, affected, and insanitary buildings: Interpretation and application

123AApplication of this subpart to parts of buildings

  1. If a territorial authority is satisfied that only part of a building is dangerous (within the meaning of section 121) or insanitary (within the meaning of section 123),—

  2. the territorial authority may exercise any of its powers or perform any of its functions under this subpart in respect of that part of the building rather than the whole building; and
    1. for the purpose of paragraph (a), this subpart applies with any necessary modifications.

      1. To the extent that a power or function of a territorial authority under this subpart relates to affected buildings,—

      2. the territorial authority may exercise the power or perform the function in respect of all or part of an affected building; and
        1. for the purpose of paragraph (a), this subpart applies with any necessary modifications.

          Notes
          • Section 123A: inserted, on , by section 15 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).