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Building Act 2004

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

133BN: Principles for exercise of powers

You could also call this:

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

When someone in charge needs to make decisions about buildings in special areas, they have to follow some important rules. These rules help them decide what to do in emergencies or dangerous situations.

The most important thing to think about is keeping people safe. This is more important than anything else.

The actions taken should match the level of danger. If there’s only a small risk, they shouldn’t take big, extreme actions.

The person in charge should try not to stop building owners or people who use the building from being able to use it. If they do need to stop people from using a building, it should only be for as long as it’s really needed.

When making decisions, the person in charge should use the newest information they can get. This includes information about what might happen next, like more emergencies or changes in how dangerous the situation is. They should also think about things that could happen in the future.

These rules apply to decisions made under sections 133BQ to 133BX and section 133BZA of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297713.

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

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133BO: Power to enter building or land, or

“A special person or police officer can go into buildings or onto land to keep people safe in emergencies.”

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

133BNPrinciples for exercise of powers

  1. A responsible person exercising a power under any of sections 133BQ to 133BX and 133BZA in relation to a building must, to the extent that is practicable in the circumstances, have regard to the following principles:

  2. the paramount consideration in the exercise of those powers is the protection of human life and safety:
    1. actions taken should be proportionate to the risks being managed:
      1. actions should result in minimal restriction of the ability of an owner or occupier to continue to use and occupy property and any restriction of that ability should be for no longer than is reasonably necessary:
        1. decisions should be based on—
          1. up-to-date information, including information about the possible occurrence of further emergencies or other relevant events and other changes in the type and severity of risks arising from an emergency:
            1. information about possible future events.

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