Plain language law

New Zealand law explained for everyone

Building Act 2004

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

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

You could also call this:

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

You need to know about some special rules for managing buildings in certain areas. These rules are more important than the ones in the CDEM Act. If you’re in charge of managing buildings in a special area, you can’t use the CDEM Act rules for that job. You have to use the special rules instead.

But there’s one exception to this. If you think there are risks from a building that you can’t fix using the special rules, you can use the CDEM Act rules. This is only if you really need to, to keep people safe.

The special rules you should use instead of the CDEM Act are in sections 133BQ to 133BX and 133BZA. These give you different ways to deal with building problems in the special areas.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297710.

Topics:
Housing and property > Home safety and repairs
Government and voting > Emergency management
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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”

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133BM: Effect of previously issued CDEM Act notices, or

“Previously issued emergency notices can stay in effect under new rules for managing buildings in special areas”

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

133BLPowers under this subpart take precedence over CDEM Act powers

  1. A responsible person who is described in section 133BK(2) must not exercise powers under the CDEM Act for the purpose of managing buildings in the designated area.

  2. Subsection (1) does not apply if the responsible person believes that it is necessary or desirable to exercise a power under the CDEM Act to remove or reduce risks posed by the building that cannot be removed or reduced by exercising a power under any of sections 133BQ to 133BX and 133BZA.

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