Plain language law

New Zealand law explained for everyone

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 fixing earthquake-prone buildings can lead to big fines"

If you own a building that needs seismic work, you must do it by the deadline set out in section 133AM, 133AMA, 133AMB, or 133AMC. If you do not, you commit an offence and can be fined. You can be fined up to $300,000 if you are an individual, or up to $1,500,000 if you are a company.

If a territorial authority tells you to put up an EPB notice on a building, as stated in section 133AP, you must do it correctly. If you do not put up the notice, or put it up incorrectly, you commit an offence. You also commit an offence if you are supposed to tell the territorial authority when an EPB notice is no longer on a building, as required by section 133AP(2)(a), but you do not.

If you commit one of these offences, you can be fined up to $50,000 if you are an individual, or up to $150,000 if you are a company. You can also be fined if you do not comply with section 133AR(4), with a fine of up to $200,000, and an extra $20,000 for each day you do not comply.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7342305.

Topics:
Housing and property > Home safety and repairsGovernment and voting > Local councils
Previous

133AT: Alterations to buildings subject to EPB notice, or

"Rules for changing buildings that might fall down in an earthquake"

Next

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 2Building
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, 133AMA, 133AMB, or 133AMC—

  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): amended, on , by section 20 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
                          • 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).