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Building Act 2004

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

133BM: Effect of previously issued CDEM Act notices

You could also call this:

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

This law talks about what happens to notices given under the Civil Defence Emergency Management Act (CDEM Act) when an area is designated under section 133BC of the Building Act.

You need to know that this applies when there’s an emergency or a transition period for part of the time an area is designated. It also applies when someone in charge has used their powers under the CDEM Act before or during the designation.

Before the emergency or transition period ends, the person in charge can decide if any CDEM Act notices about buildings should keep working under the Building Act. If they decide this, the notices will continue to work under similar rules in the Building Act. The person in charge might add some conditions to these notices to help keep people safe from risky buildings.

When this law talks about “equivalent CDEM Act notice”, it means a notice or instruction under the CDEM Act that does pretty much the same thing as a notice or instruction under this part of the Building 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=LMS297712.

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

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133BN: Principles for exercise of powers, or

“Rules for people in charge to follow when making decisions about buildings in special areas during emergencies”

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

133BMEffect of previously issued CDEM Act notices

  1. This section applies if—

  2. a state of emergency or transition period is in force for a part of the period during which a designation of an area under section 133BC is in force; and
    1. the responsible person—
      1. has exercised a power under the CDEM Act in the area before the area was designated; or
        1. exercises a power under the CDEM Act in the area in accordance with section 133BL(2).

        2. Before the state of emergency or transition period ends, the responsible person may determine that any equivalent CDEM Act notice that is issued or given in relation to a building in the area (whether or not a notice, direction, or other requirement is issued or given under this subpart in relation to the same building) should continue in force under this subpart.

        3. If a determination is made under subsection (2), the equivalent CDEM Act notice must be treated as continuing in force under the corresponding provision of this subpart, subject to any conditions that the relevant responsible person considers necessary or desirable to remove or reduce risks posed by the relevant building.

        4. In this section, equivalent CDEM Act notice means a notice, direction, or other requirement under the CDEM Act of a class that is substantially similar in effect to a class of notice, direction, or other requirement under this subpart.

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