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Building Act 2004

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

133BT: Notices and signs on buildings

You could also call this:

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

You need to know about signs and notices on buildings in special areas. A person in charge can put up signs or notices on or near a building to keep you safe. They can do this if they think it’s needed to stop people from getting hurt, or if the building has been evacuated.

These signs or notices can tell you not to use the building, or they can explain how to use it safely. They can also warn you about any dangers the building might have.

The signs must be written and follow rules set by the chief executive. They need to tell you what’s wrong with the building and how you can use it safely. You should be able to see these signs easily when you’re near the building.

You’re not allowed to use the building in a way that doesn’t follow the signs. If you do, or if you let someone else do it, you’re breaking the law. You could be fined up to $200,000.

It’s also against the law to damage, change, or remove these signs. If you do this, or if you tell someone else to do it, you could be fined. For a person, the fine is up to $5,000. For a company, it’s up to $50,000.

Only the person in charge is allowed to put up these official signs. If anyone else puts up a sign that looks like the official ones, they’re breaking the law and could be fined. But it’s okay to put up your own sign that matches the official ones if you’re just warning people about dangers or telling them not to use the building.

These rules don’t apply to people who are doing their job under section 133BV or 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 It might be out of date or be missing some parts.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=LMS297719.

Topics:
Housing and property > Home safety and repairs
Crime and justice > Criminal law
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“The person in charge can ask building owners for important information about their property to keep people safe.”

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

133BTNotices and signs on buildings

  1. A responsible person may place 1 or more signs or notices on or near a building in a designated area prohibiting or restricting the use of the building if—

  2. the responsible person believes that it is reasonably necessary to remove or reduce risks of injury or death; or
    1. an evacuation of the building has been directed under section 133BR.

      1. A responsible person may place signs or notices on or near a building informing members of the public of the risks posed by the building.

      2. A sign or notice under this section must—

      3. be in writing and in the form (if any) approved by the chief executive; and
        1. state—
          1. the nature and extent of any damage to the building; and
            1. in the case of a sign or notice under subsection (1), whether, how, and to what extent the building can safely be used; and
            2. be visible to people approaching the building.

              1. A person must not—

              2. intentionally occupy or use a building otherwise than in accordance with a sign or notice placed under subsection (1); or
                1. permit another person to do so.

                  1. A person who contravenes subsection (4)—

                  2. commits an offence; and
                    1. is liable on conviction to a fine not exceeding $200,000.

                      1. A person who intentionally damages, alters, removes, or otherwise interferes with a sign or notice placed under this section, or who incites another person to do so,—

                      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 other than a responsible person who intentionally places a sign or notice that is substantially the same in appearance as a sign or notice that may be placed under this section—

                            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. It is not an offence against subsection (7) if a person intentionally places a sign or notice that—

                                  3. prohibits the use of a building; or
                                    1. restricts the use of a building, or informs members of the public of the risks posed by the building, in a way that is consistent with any sign or notice placed under this section.

                                      1. Subsections (4) and (6) do not apply to a person exercising a power under section 133BV or 133BW.

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