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Building Act 2004

Building - Special provisions for dangerous, affected, and insanitary buildings - Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

123B: Buildings in areas designated under subpart 6B

You could also call this:

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

If you have a dangerous or dirty building, or a building next to a dangerous one, in an area that has been specially marked under subpart 6B, the rules in this part of the law don’t apply while the area is marked. This is also true for buildings right next to dangerous ones.

Even though these rules don’t apply in marked areas, there are some exceptions. The rules still work for some things that happened before the area was marked. These include:

  • Actions taken to fix or close the building.
  • Notices given about the building, or work done because of those notices.
  • Notices telling people not to go near the building.
  • Actions that were allowed by a special permission called a warrant.

So, if any of these things happened before the area was marked, the rules still apply to those specific actions or notices.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297635.

Topics:
Housing and property > Home safety and repairs
Environment and resources > Town planning
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123A: Application of this subpart to parts of buildings, or

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

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124: Dangerous, affected, or insanitary buildings: powers of territorial authority, or

“Local authorities can take action to protect people from unsafe buildings in their area.”

Part 2 Building
Special provisions for dangerous, affected, and insanitary buildings: Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

123BBuildings in areas designated under subpart 6B

  1. If a dangerous or insanitary building or a building adjacent to, or adjoining, a dangerous building is located in an area that has been designated under subpart 6B, this subpart does not apply to that building while the designation is in force.

  2. Despite subsection (1), this subpart continues to apply to the building for the purposes of—

  3. an action taken in relation to the building under section 124(2)(a) or (b) before the designation:
    1. a notice issued in relation to the building under section 124(2)(c), or work carried out in accordance with the notice or under section 126, before the designation:
      1. a notice issued in relation to the building under section 124(2)(d) before the designation:
        1. an action in relation to the building for which a warrant has been issued under section 129(2) before the designation.

          Notes
          • Section 123B: inserted, on , by section 11 of the Building Amendment Act 2019 (2019 No 27).