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133BA: Purpose of this subpart
or “This part explains how to take care of buildings in places where something bad has happened.”
You could also call this:

“This section explains important words and ideas used in the rules about managing buildings during emergencies”

In this part of the law, specific words have special meanings. The Civil Defence Emergency Management Act 2002 is called the CDEM Act. Critical infrastructure means priority buildings or those used by lifeline utilities. A designated area is a place chosen under section 133BC. An emergency is a situation described in the CDEM Act. A lifeline utility is defined in the CDEM Act too.

A multi-unit residential building has at least two storeys and is either specialised accommodation or has three or more household units. A priority building is a specific type of important building in a designated area. A responsible person is someone allowed to use powers under this part of the law.

Risk means the chance of injury, death, building damage, or problems with public roads or critical infrastructure. It also includes risks from unhealthy buildings. A secured building is one used by the defence force, intelligence agencies, or the Ministry of Foreign Affairs and Trade.

When the law talks about land a building is on, it means the ground under the building and the surrounding land used with it. In some parts of the law, ‘building’ can mean just a part of a building. If more than one local council is involved in a designated area, each one only deals with the part they’re responsible for.

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Next up: 133BC: Designation of areas to which this subpart applies

or “This law explains how special areas are chosen for emergency building management during or after a disaster.”
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Part 2 Building
Special provisions for buildings affected by emergency

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
        1. 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
                      1. either—
                        1. is a hostel, boardinghouse, or other specialised accommodation; or
                          1. 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:
                              1. 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
                                      1. 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,—

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

                                                        1. secured building means—

                                                        1. a building that—
                                                          1. is a defence area; or
                                                            1. includes a part of a building that is a defence area; or
                                                              1. 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
                                                                  1. an intelligence and security agency; or
                                                                    1. 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
                                                                            1. works on the land on which the building is situated.

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

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

                                                                                1. 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.

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

                                                                                3. 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 , by section 12 of the Building Amendment Act 2019 (2019 No 27).