133BBDefinitions

1. In this subpart, unless the context otherwise requires,—

   CDEM Act means the Civil Defence Emergency Management Act 2002

   critical infrastructure means—

   1. a priority building; or
   2. a building or other infrastructure operated or used by a lifeline utility

   defence area has the same meaning as in section 2(1) of the Defence Act 1990

   designated area means an area designated under section 133BC

   emergency means a situation of a kind described in paragraphs (a) and (b) of the definition of emergency in section 4 of the CDEM Act

   intelligence and security agency has the same meaning as in section 4 of the Intelligence and Security Act 2017

   lifeline utility has the same meaning as in section 4 of the Civil Defence Emergency Management Act 2002

   multi-unit residential building means a residential building that—

   1. comprises 2 or more storeys; and
   2. either—
      1. is a hostel, boardinghouse, or other specialised accommodation; or
      2. contains 3 or more household units

   New Zealand Defence Force has the same meaning as Defence Force in section 2(1) of the Defence Act 1990

   officer in charge, in relation to a secured building, means,—

   1. for a building referred to in paragraph (a) of the definition of secured building, the officer in charge within the meaning of regulation 2 of the Defence Regulations 1990:
   2. for a building referred to in paragraph (b) of that definition, the person who is for the time being responsible for the security of the building

   priority building means a building of a kind described in paragraph (a), (b), (c), or (f) of the definition of priority building in section 133AE(1) that is located in a designated area

   relevant CDEM decision-maker, in relation to an area that is a designated area or is proposed to be a designated area,—

   1. means—
      1. the Minister responsible for administration of the CDEM Act; or
      2. a person who is appointed or otherwise authorised under section 25 of that Act to declare a state of local emergency or give notice of a local transition period (as the case may be) for the area; and
   2. in sections 133BG and 133BH, also includes a person who, at the relevant time, is the successor in office of a person referred to in paragraph (a)(ii)

   residential building means a building that is used only or mainly for residential purposes

   responsible person means a person who is authorised by section 133BJ or 133BK to exercise powers under this subpart

   risk, other than in section 133BV,—

2. means a risk to—
   1. persons, of injury or death; or
   2. buildings, of damage or of disruption to their use; or
   3. public thoroughfares, of disruption; or
   4. critical infrastructure, of damage or disruption to its operation or use; and
3. includes a risk of any kind associated with a building that is insanitary within the meaning of section 123

secured building means—

1. a building that—
   1. is a defence area; or
   2. includes a part of a building that is a defence area; or
   3. is located on or in a defence area; or
2. any other building or a part of any other building that is used by—
   1. the New Zealand Defence Force; or
   2. an intelligence and security agency; or
   3. the Ministry of Foreign Affairs and Trade

simple-unit residential building means a residential building other than a multi-unit residential building

state of emergency has the same meaning as in section 4 of the CDEM Act

transition period has the same meaning as in section 4 of the CDEM Act

works, in relation to a building, includes—

1. demolition of the whole or a part of the building; and
2. works on the land on which the building is situated.

4. A reference in this subpart to land on which a building is situated is a reference to—

5. the land beneath the building; and
6. any land surrounding the building that is used in connection with the use of the building.

7. A reference in sections 133BJ to 133BZA to a building includes a reference to a part of a building, so that powers under those provisions may be exercised only in relation to a relevant part of a building rather than the whole building.

8. Subsection (3) does not limit or affect the way in which any other provision of this Act applies in relation to parts of buildings.

9. If 2 or more territorial authorities are required or authorised by this subpart to make a decision or to exercise powers in relation to a designated area, each authority must do so only in relation to that part of the designated area for which that authority is responsible.

Notes

• Section 133BB: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).