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Building Act 2004

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

133BQ: Post-event assessments

You could also call this:

“After a disaster, special people can check buildings and land to make sure they're safe.”

You can inspect a building or land in a designated area after an event to check for risks. This is called a post-event assessment. You need to follow the rules set by the chief executive when doing this assessment. You must write down what you find using the form they approve.

If you need to enter a building to do the assessment, you have to follow certain rules. For homes, you need the occupier’s permission or a warrant. For other buildings or land, you can enter after trying to get the occupier’s consent.

When you enter a building, you should be careful not to cause damage. You must tell the occupier why you’re there, show them who you are, and let them know they can say no to you entering.

If no one is home when you inspect, you need to leave a note saying who you are, when you were there, and why you came.

You can only enter buildings without permission for six months after the area is designated. This time can be extended once for up to three months. After this, you need the occupier’s consent or a warrant to enter.

If you need a warrant to enter a building, you must apply for one. A judge can give you a warrant if they think it’s necessary for your assessment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297716.

Topics:
Housing and property > Home safety and repairs
Government and voting > Emergency management
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Part 2 Building
Special provisions for buildings affected by emergency: Management of buildings in designated areas

133BQPost-event assessments

  1. A responsible person may inspect the exterior and interior of a building or any land in a designated area and prepare a post-event assessment of any risks posed by or to the building.

  2. The post-event assessment must be prepared—

  3. in accordance with the methodology (if any) approved by the chief executive; and
    1. in writing and in the form (if any) approved by the chief executive.

      1. An instrument containing the methodology approved by the chief executive under subsection (2)(a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      2. If a responsible person has reasonable grounds for believing entry to be necessary for making the post-event assessment of a building, the responsible person may—

      3. enter a simple-unit residential building or a household unit within a simple-unit residential building only—
        1. with the occupier’s consent; or
          1. in accordance with a warrant issued under this section:
          2. enter any other building, any land on which any building (including land under or around a simple-unit residential building) is situated, or any other land in the designated area, at any time after taking any steps that the responsible person considers reasonable in the circumstances to obtain the occupier’s consent to entry.

            1. In entering and inspecting a building or land, or any household unit or other part of a building, a responsible person—

            2. may use any means that are reasonable in the circumstances; and
              1. must take all reasonable steps to ensure that minimal damage is caused to the building.

                1. A responsible person who does not hold a warrant issued under this section must not enter a building in the presence of the occupier unless the responsible person has—

                2. told the occupier the reason for the proposed entry; and
                  1. produced evidence of the person’s identity and authority to enter for inspection; and
                    1. told the occupier that the occupier may consent, or refuse to consent, to the entry.

                      1. If a responsible person enters and inspects a building or land in the absence of the occupier, the responsible person must, before leaving, leave in the building a notice stating—

                      2. the responsible person’s identity; and
                        1. the date and time of entry; and
                          1. the purpose of the entry.

                            1. A notice under subsection (6) must be in the form (if any) approved by the chief executive.

                            2. A responsible person must not enter and inspect a building or land under subsection (3)(b) after the day that is 6 months after the date on which the designation for the designated area comes into force, except—

                            3. with the occupier’s consent to entry; or
                              1. in accordance with a warrant issued under this section.

                                1. The period under subsection (8) may be extended—

                                2. by—
                                  1. the person who designated the area; or
                                    1. another person (if any) who can extend the designation of the area under section 133BH:
                                    2. by up to 3 months:
                                      1. once only.

                                        1. The responsible person must apply for a warrant for the purpose of subsections (3)(a)(ii) and (8)(b) in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which applies with any necessary modifications.

                                        2. An issuing officer may, on application, issue a warrant to enter a building if the officer reasonably considers that entry is necessary to make a post-event assessment.

                                        3. The warrant authorises the responsible person to enter and inspect the building or unit.

                                        Notes
                                        • Section 133BQ: inserted, on , by section 12 of the Building Amendment Act 2019 (2019 No 27).
                                        • Section 133BQ(2A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).