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Building Act 2004

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

133BK: CDEM Act officers as responsible persons

You could also call this:

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

This law explains who can make decisions about buildings during emergencies. When there’s a state of emergency or a transition period after an emergency, different people have the power to do certain things.

You can find out who can do post-event assessments in section 133BQ. During an emergency, a Controller or someone they allow can do this. After the emergency, during the transition period, a Recovery Manager or someone they allow can do it.

For evacuation, which is explained in section 133BR, a Controller, Recovery Manager, or police officer can make decisions. This applies during both the emergency and the transition period.

There are also rules about keeping people safe around buildings and putting up notices. You can read about these in sections 133BS and 133BT. Controllers handle this during emergencies, and Recovery Managers take over during the transition period.

Sometimes, building owners might need to give information. The Director or Civil Defence Emergency Management (CDEM) Group can ask for this during both the emergency and transition periods. This is covered in section 133BU and part of section 133BZA.

For urgent works to make buildings safer, or longer-term changes, the CDEM Group is in charge during the emergency. After that, the Recovery Manager takes over. You can find more details about this in sections 133BV, 133BW, 133BX, and part of 133BZA.

The law also says that these people must follow rules from the Civil Defence Emergency Management Act when they make decisions. This makes sure they use their powers correctly.

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 It might be out of date or be missing some parts.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=LMS297709.

Topics:
Government and voting > Emergency management
Housing and property > Home safety and repairs
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133BJ: Responsible persons may exercise powers under this subpart, or

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

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133BL: Powers under this subpart take precedence over CDEM Act powers, or

“This law says special building rules are used first, but emergency rules can be used if needed to keep people safe.”

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

133BKCDEM Act officers as responsible persons

  1. This section sets out who may exercise powers under sections 133BQ to 133BX and 133BZA for the purposes of section 133BJ(3).

  2. The powers may be exercised as follows:

  3. the power under section 133BQ (post-event assessments) may be exercised,—
    1. during a state of emergency, by a Controller (or a person acting under the Controller’s authority):
      1. during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority):
      2. the power under section 133BR (evacuation) may be exercised,—
        1. during a state of emergency, by a Controller or a constable (or a person acting under that person’s authority):
          1. during a transition period, by a Recovery Manager or a constable (or a person acting under that person’s authority):
          2. the power under section 133BS (measures to keep people at safe distance and protect building) or section 133BT (notices and signs on buildings) may be exercised,—
            1. during a state of emergency, by a Controller (or a person acting under the Controller’s authority):
              1. during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority):
              2. the power under section 133BU (owner directed to give information) or section 133BZA(3)(a) (bring forward due date for provision of assessment or information) may be exercised,—
                1. during a state of emergency, by the Director or CDEM Group (or a person acting under the authority of the Director or Group):
                  1. during a transition period, by the Director or CDEM Group (or a person acting under the authority of the Director or Group):
                  2. the power under section 133BV (urgent works to remove or reduce risks), section 133BW (works to remove or reduce other risks), section 133BX (works for long-term use or occupation of building), or section 133BZA(3)(b) (bring forward deadline for completing seismic work) may be exercised,—
                    1. during a state of emergency, by the CDEM Group (or a person acting under the Group’s authority):
                      1. during a transition period, by a Recovery Manager (or a person acting under the Recovery Manager’s authority).

                      2. For the purposes of subsection (2),—

                      3. a responsible person who is a Group Controller must comply with section 28(4) of the CDEM Act:
                        1. a responsible person who is a Local Controller must comply with section 27(2) of the CDEM Act:
                          1. a responsible person who is a Group Recovery Manager must comply with section 30A(5) of the CDEM Act:
                            1. a responsible person who is a Local Recovery Manager must comply with section 30(2) of the CDEM Act.

                              1. In this section,—

                                CDEM Group means a Civil Defence and Emergency Management Group within the meaning of the CDEM Act

                                  Controller, Director, Group Controller, Group Recovery Manager, Local Controller, Local Recovery Manager, and Recovery Manager have the same meanings as in the CDEM Act.

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