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Building Act 2004

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

133BH: Extension of designation

You could also call this:

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

Before a designation for emergency management of buildings ends, you can extend it. The way you extend it depends on who made it and when. If it was made during an emergency or transition period, the person who made it, another decision-maker, or the Minister can extend it. If it was made after the emergency or transition period, the local council can extend it with the Minister’s approval. For designations made without an emergency, the Minister or the local council (with the Minister’s approval) can extend it.

You can only extend a designation once, and it can’t be for more than 3 years. You can extend the whole area or just part of it. When you extend a designation, you need to tell people about it in the same way you did when you first made the designation. You also need to say when the new end date is.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297701.

Topics:
Government and voting > Emergency management
Housing and property > Home safety and repairs
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133BG: Periodic review of designation, or

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

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133BI: Termination of designation, or

“The law explains how to end special rules for buildings in emergencies when they are no longer needed.”

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

133BHExtension of designation

  1. Before a designation ends under this subpart, its duration may be extended as follows:

  2. a designation made under section 133BC(1) while the state of emergency or transition period is in force may be extended by—
    1. the relevant CDEM decision-maker who made the designation; or
      1. another relevant CDEM decision-maker; or
        1. the Minister, on the Minister’s own initiative:
        2. a designation made under section 133BC(1) after the state of emergency or transition period ends may, with the Minister’s approval, be extended by the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:
          1. a designation made under section 133BC(2)(a) may, if no state of emergency was declared and no transition period was notified after the designation was made, be extended by—
            1. the Minister; or
              1. with the Minister’s approval, the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:
              2. a designation made under section 133BC(2)(a) may, if a state of emergency was declared or a transition period was notified after the designation was made, be extended by—
                1. the Minister; or
                  1. the relevant CDEM decision-maker who declared the state of emergency or notified the transition period (as the case may be); or
                    1. another relevant CDEM decision-maker:
                    2. a designation made under section 133BC(2)(b) may, if no state of emergency was declared and no transition period was notified after the designation was made, be extended by the Minister:
                      1. a designation made under section 133BC(2)(b) may, if a state of emergency was declared or a transition period was notified after the designation was made, be extended by—
                        1. the Minister; or
                          1. the relevant CDEM decision-maker who declared the state of emergency or notified the transition period (as the case may be); or
                            1. another relevant CDEM decision-maker.

                            2. An extension of a designation—

                            3. must be for no more than 3 years:
                              1. may relate to the whole or a part of the designated area:
                                1. may be made once only.

                                  1. A person who extends a designation must—

                                  2. notify the extension 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 extension); and
                                    1. include in the notice the time and date to which the designation is extended.

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