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Building Act 2004

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

133BD: Decisions about designations (other than termination)

You could also call this:

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

When someone makes a decision about designating an area for emergency management of buildings, they must be sure it’s good for the public and necessary to protect people and buildings. You can only make this kind of decision if it will help keep people safe from injury or death, protect buildings from damage, keep roads open, keep important services running, or protect people from unsafe buildings.

If you’re making this decision, you need to think about how big the emergency is and how it affects buildings in the area. You also need to consider if another emergency might happen that could make buildings more dangerous or make the land risky for buildings. It’s best to manage risks without using special powers if possible.

If you want to designate an area, you must tell the Minister about it. A designation decision can be about creating a new designated area, making an existing area bigger, getting the Minister’s approval for these things, giving more time for using special powers in a designated area, or changing things after a review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297697.

Topics:
Government and voting > Emergency management
Housing and property > Home safety and repairs
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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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133BE: Public notice of designation, or

“The law says someone must tell everyone about a special area for emergencies by putting it on the internet or telling people in other ways.”

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

133BDDecisions about designations (other than termination)

  1. A person may only make a designation decision if satisfied that the proposed decision is—

  2. in the public interest; and
    1. necessary or desirable for the protection of—
      1. persons, from injury or death; or
        1. buildings, from damage or disruption to their use; or
          1. public thoroughfares, from disruption; or
            1. critical infrastructure, from damage or disruption to its operation or use; or
              1. persons or buildings, from the effects of the insanitary condition (if applicable) of a building in the relevant area.

              2. A person making a designation decision must, to the extent that is practicable in the circumstances, have regard to the following matters:

              3. the scale and degree of the impact of the emergency and of its effects on buildings in the relevant area:
                1. the likelihood of a further emergency or any other relevant event occurring that could cause—
                  1. buildings in the relevant area to pose increased or additional risks; or
                    1. land in the relevant area to pose a risk to a building:
                    2. the principle that it is preferable that risks be managed, if possible, without the exercise or continued exercise of powers under this subpart.

                      1. A person making a decision to designate an area under section 133BC(1) must notify the Minister of the proposed designation.

                      2. In this section, designation decision means a decision—

                      3. to designate an area under section 133BC:
                        1. to extend a designation under section 133BH:
                          1. by the Minister, to approve a proposed designation under section 133BC(2)(a) or approve a proposed extension of a designation under section 133BH(1)(b) or (c)(ii):
                            1. to extend, under section 133BQ(9) or 133BW(9), the period during which certain powers may be exercised in a designated area:
                              1. made after a review under section 133BG.

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