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Building Act 2004

Building - Special provisions for earthquake-prone buildings - Offences

133AU: Offences in relation to earthquake-prone buildings

You could also call this:

“Breaking the rules about unsafe buildings during earthquakes can get you in big trouble.”

If you own a building that has been marked as earthquake-prone, you need to fix it by a certain date. If you don’t, you’re breaking the law. You could be fined up to $300,000 if you’re a person, or up to $1,500,000 if you’re a company.

You also need to put up a special notice on or near your building if the council tells you to. If you don’t put it up properly, or if you don’t tell the council when the notice falls off or becomes hard to read, you’re breaking the law. You could be fined up to $50,000 if you’re a person, or up to $150,000 if you’re a company.

There’s another rule about not removing or covering up these notices. If you break this rule, you could be fined up to $200,000. If you keep breaking this rule, you could be fined an extra $20,000 for each day you don’t follow the rule.

All of these rules are there to make sure earthquake-prone buildings are fixed and that people know about them. It’s important to follow these rules to keep everyone safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7342305.

Topics:
Housing and property > Home safety and repairs
Crime and justice > Criminal law
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133AT: Alterations to buildings subject to EPB notice, or

“Rules for changing buildings that might fall down in an earthquake”

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

“The boss of buildings must create a plan to find buildings that might fall during earthquakes.”

Part 2 Building
Special provisions for earthquake-prone buildings: Offences

133AUOffences in relation to earthquake-prone buildings

  1. The owner of a building or a part of a building that is subject to an EPB notice who fails to complete seismic work on the building or part by the deadline that applies under section 133AM—

  2. commits an offence; and
    1. is liable on conviction,—
      1. in the case of an individual, to a fine not exceeding $300,000:
        1. in the case of a body corporate, to a fine not exceeding $1,500,000.

        2. A person commits an offence if—

        3. a territorial authority requires the person to attach an EPB notice or an EPB exemption notice on or adjacent to a building under section 133AP; and
          1. the person—
            1. fails to attach the notice in accordance with that section; or
              1. attaches the notice otherwise than in accordance with that section.

              2. A person commits an offence if—

              3. the person is required under section 133AP(2)(a) to notify the territorial authority when an EPB notice or an EPB exemption notice ceases to be attached on or adjacent to a building or becomes illegible; and
                1. the person fails to notify the territorial authority in accordance with that section.

                  1. A person who commits an offence under subsection (2) or (3) is liable on conviction,—

                  2. in the case of an individual, to a fine not exceeding $50,000:
                    1. in the case of a body corporate, to a fine not exceeding $150,000.

                      1. A person who fails to comply with section 133AR(4) commits an offence and is liable on conviction—

                      2. to a fine not exceeding $200,000; and
                        1. in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues.

                          Notes
                          • Section 133AU: inserted, on , by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                          • Section 133AU(1)(b): replaced, on , by section 37(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                          • Section 133AU(4): replaced, on , by section 37(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).