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Building Act 2004

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

133BG: Periodic review of designation

You could also call this:

“People in charge must check every three months if an area still needs special building rules during emergencies”

You need to review a designation for emergency management of buildings every 90 days. The person who does this review depends on who made the designation and when. If it was made during an emergency or transition period, the person who made it will review it while that period is still happening. After that, or if it was made at another time, either the local council or the Minister will review it.

When you review the designation, you need to think about the same things that were considered when it was first made. You’re trying to decide if the designation is still needed.

After you finish the review, you need to let people know what you decided. You have to do this in the same way as when the designation was first made. You also need to include information about any powers that were used under the Civil Defence Emergency Management Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297700.

Topics:
Government and voting > Emergency management
Housing and property > Home safety and repairs
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133BF: Commencement and duration of designation, or

“This law explains when special rules for managing buildings in emergencies start and how long they last.”

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133BH: Extension of designation, or

“The law allows officials to make an emergency area last longer, but only once and for up to three years.”

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

133BGPeriodic review of designation

  1. A person described in subsection (2) must, at least every 90 days, review each designation under this subpart and, having regard to the matters set out in section 133BD(1) and (2), decide whether the designation is still needed.

  2. The persons are,—

  3. for a designation made under section 133BC(1), while the state of emergency or transition period is in force, the relevant CDEM decision-maker who made the designation:
    1. for a designation made under section 133BC(1), after the state of emergency or transition period ends, the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:
      1. for a designation made under section 133BC(2)(a), the territorial authority that is performing functions and duties and exercising powers under this subpart in relation to the designated area:
        1. for a designation made under section 133BC(2)(b), the Minister.

          1. A person who reviews a designation must notify the outcome of the review in accordance with section 133BE (and that section applies to the notification as if a reference in that section to a designation were a reference to the outcome of the review).

          2. Notification under subsection (3) must include details of any exercise of a power under the CDEM Act in accordance with section 133BL(2).

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