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

133BR: Evacuation

You could also call this:

“Rules for making people leave a building to keep them safe in special areas”

If a responsible person or a police officer thinks it’s necessary to stop someone from getting hurt or dying in a special area, they can tell everyone to leave a building. They can do this before using any other powers they have for that building.

If you don’t follow their instructions to leave without a good reason, you’re breaking the law. This is serious and you could get in trouble. If you’re caught, you might have to pay a fine. For a regular person, the fine could be up to $5,000. If it’s a company that doesn’t follow the instructions, they might have to pay up to $50,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297717.

Topics:
Crime and justice > Police and safety
Housing and property > Home safety and repairs
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“After a disaster, special people can check buildings and land to make sure they're safe.”

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133BS: Measures to keep people at safe distance and protect building, or

“Rules for keeping people safe and protecting buildings in special areas”

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

133BREvacuation

  1. A responsible person or a constable may direct the evacuation of a building in a designated area if satisfied that evacuation is necessary to prevent the death or injury of any person in the designated area.

  2. A responsible person or a constable may give a direction under subsection (1) before exercising any other power under this subpart in relation to the building.

  3. A person who intentionally fails, without reasonable excuse, to comply with a direction—

  4. commits an offence; and
    1. is liable on conviction,—
      1. in the case of an individual, to a fine not exceeding $5,000:
        1. in the case of a body corporate, to a fine not exceeding $50,000.

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