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New Zealand law explained for everyone

Building Act 2004

Building - Special provisions for buildings affected by emergency - Management of buildings in designated areas

133BJ: Responsible persons may exercise powers under this subpart

You could also call this:

“People in charge can make decisions about buildings in special areas”

This section explains who can use special powers in areas that have been designated for building management. These powers are described in other parts of the law.

If there’s no emergency or transition period happening, different people can use these powers:

  • If the local council is responsible for the area, they can use the powers.
  • If the local council set up the designated area, they can use the powers.
  • If the Minister set up the designated area, either the Minister can use the powers, or they can tell the local council to use them.

If there is an emergency or transition period happening, different rules apply about who can use these powers. You can find those rules in another part of the law.

The Minister can give instructions to the local council about how to use these powers. These instructions might say to use or not use a power, and they can be about any or all of the powers. The instructions might be about one building, a type of building, or all buildings in the area.

The local council must follow the Minister’s instructions. The Minister can change or cancel these instructions whenever they want.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297704.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
Environment and resources > Town planning
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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.”

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133BK: CDEM Act officers as responsible persons, or

“This law explains which emergency officials can make decisions about buildings during disasters”

Part 2 Building
Special provisions for buildings affected by emergency: Management of buildings in designated areas

133BJResponsible persons may exercise powers under this subpart

  1. This section and section 133BK set out who may exercise the powers under sections 133BQ to 133BX and 133BZA in a designated area.

  2. If no state of emergency or transition period is in force at the same time as the designation, the powers may be exercised,—

  3. if the area was designated under section 133BC(1), by the territorial authority that is responsible for the designated area:
    1. if the area was designated under section 133BC(2)(a), by the territorial authority that made the designation:
      1. if the area was designated under section 133BC(2)(b),—
        1. by the Minister; or
          1. on direction by the Minister, by the territorial authority that is responsible for the designated area.

          2. If a state of emergency or transition period is in force at the same time as the designation, the powers may be exercised by a person described in section 133BK.

          3. The Minister may give directions to a territorial authority that is exercising powers under subsection (2).

          4. A direction given by the Minister may—

          5. require a power to be exercised or not to be exercised; and
            1. relate to any or all powers under sections 133BQ to 133BX and 133BZA; and
              1. relate to a specified building, a specified class of building, or all buildings in the designated area.

                1. A territorial authority must comply with a direction.

                2. The Minister may amend, revoke, or replace a direction at any time.

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