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New Zealand law explained for everyone

Building Act 2004

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

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

You could also call this:

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

You can take steps to keep people safe around a building in a special area. These steps can also protect the building. You might put up a fence to stop people from getting too close. You could also block off roads near the building. You can do things to stop the building or parts of it from hurting people if it falls down. You can let some people in for good reasons.

If these safety steps are in place for more than 3 months, the building’s owner has to pay for them. The person who set up the safety steps can get this money back from the owner. The owner’s land becomes a guarantee for this money.

It’s against the law to go past these safety steps on purpose. If you do, you might have to pay a fine. For a person, the fine can be up to $5,000. For a company, it can be up to $50,000.

It’s also against the law to damage or remove these safety steps. The fines for this are the same as for going past them.

These rules don’t apply to people who are allowed to enter for special reasons under section 133BV or section 133BW.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297718.

Topics:
Housing and property > Home safety and repairs
Crime and justice > Criminal law
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“Rules for making people leave a building to keep them safe in special areas”

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“Rules about putting up warning signs on dangerous buildings to keep people safe”

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

133BSMeasures to keep people at safe distance and protect building

  1. A responsible person may put in place measures that the person considers reasonably necessary—

  2. to keep people at a safe distance from a building in a designated area; or
    1. to protect a building in the designated area from being damaged.

      1. Measures may include—

      2. the installation of a hoarding or fence to prevent people from approaching the building; and
        1. measures that prevent or limit public access, with or without vehicles, to any road or other public place near the building; and
          1. measures intended to prevent the building or debris from the building harming people (for example, by the collapse of a roof or wall); and
            1. measures that allow limited access for a purpose that the responsible person considers appropriate.

              1. If measures have been in place for more than 3 months,—

              2. the owner of the building is liable for the costs of continuing to take the measures after that period; and
                1. the responsible person may recover those costs from the owner; and
                  1. the amount recoverable becomes a charge on the land on which the building is situated.

                    1. A person who approaches or enters a building after intentionally bypassing a measure put in place under this section—

                    2. 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.

                          2. A person who intentionally damages, alters, removes, or otherwise interferes with a measure put in place under this section, or who incites another person to do so,—

                          3. 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.

                                2. Subsections (4) and (5) do not apply to a person exercising a power under section 133BV or 133BW.

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