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Building Act 2004

Building - Special provisions for buildings affected by emergency - Designation of areas for emergency management of buildings

133BC: Designation of areas to which this subpart applies

You could also call this:

“This law explains how special areas are chosen for emergency building management during or after a disaster.”

This law talks about how certain areas can be marked for special building management during emergencies. You need to know that this can happen in two main ways:

  1. When there’s already an emergency or a time right after an emergency, someone in charge of civil defence can mark an area for this special management.

  2. If there’s an emergency but it hasn’t been officially declared, there are two ways to mark an area:

    • The local council responsible for the area can ask the Minister for permission to mark it.
    • The Minister can decide to mark the area without being asked.

If a local council wants to ask for permission, they can only do it for the area they’re in charge of. But if they want to, two or more councils can team up and ask together.

Remember, this law is part of a bigger set of rules about how to manage buildings during emergencies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297695.

Topics:
Government and voting > Emergency management
Housing and property > Home safety and repairs
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133BB: Definitions, or

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

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133BD: Decisions about designations (other than termination), or

“Rules for deciding if an area needs special protection during emergencies”

Part 2 Building
Special provisions for buildings affected by emergency: Designation of areas for emergency management of buildings

133BCDesignation of areas to which this subpart applies

  1. If a state of emergency or a transition period is in force for an area under the CDEM Act, a relevant CDEM decision-maker may designate the whole or a part of that area for the purposes of this subpart.

  2. If an emergency arises and there is no state of emergency or transition period in force,—

  3. a territorial authority that is responsible for the whole or a part of the affected area may, with the approval of the Minister, designate the whole or any part of the affected area for the purposes of this subpart; or
    1. the Minister may, on the Minister’s own initiative, designate the whole or any part of the affected area for the purposes of this subpart.

      1. For the purposes of subsection (2)(a), a territorial authority may request the Minister’s approval only for an area for which the authority is responsible, but 2 or more territorial authorities may make a joint request.

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