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

133BO: Power to enter building or land

You could also call this:

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

If you’re a responsible person or a police officer, you can go into a building or onto some land to make people leave if it’s not safe. This is called evacuation.

If you’re a responsible person, you can also go into a building or onto land to do other things. You can take steps to keep people safe by keeping them away from danger or protecting the building. You can put up notices and signs on buildings. You can do urgent work to make things less risky. You can also do other work to make things safer. Sometimes, you might need to do work so people can use or live in the building for a long time.

When you go into a building or onto land for these reasons, you need to have something that proves who you are. If the owner or the person living there asks, you need to show them this proof. They might ask you right away or later on. You also need to tell them why you’re allowed to be there and what you’re doing. You can explain it to them or show them something that proves it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297714.

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

Next

133BP: Exercise of powers in secured buildings, or

“Powers in secured buildings must be used as instructed by the person in charge”

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

133BOPower to enter building or land

  1. A responsible person or a constable may enter a building or land for the purpose of exercising the power under section 133BR (evacuation).

  2. A responsible person may enter a building or land for the purpose of exercising a power under—

  3. section 133BS (measures to keep people at safe distance and protect building); or
    1. section 133BT (notices and signs on buildings); or
      1. section 133BV (urgent works to remove or reduce risks); or
        1. section 133BW (works to remove or reduce other risks); or
          1. section 133BX (works for long-term use or occupation of building).

            1. A person who is exercising a power of entry under this section must—

            2. carry proof of identity; and
              1. on request by the owner or occupier (including a request made at a later time),—
                1. produce that proof of identity; or
                  1. produce evidence or give a general explanation of the authority under which the person is acting and the power that the person is exercising.

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