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Building Act 2004

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

133BU: Owner directed to give information

You could also call this:

"When someone in charge asks, you must give them information about your building or land."

Illustration for Building Act 2004

You might own a building or land in a special area. A person in charge can ask you for information about your building or land. They need this information to decide if your building is safe and what work needs to be done. They can ask for a full check of the building's structure or a detailed engineering assessment. You will get a written request for the information. It will say what you need to do and when you need to do it. You have to follow the request and pay for any work that needs to be done. If you get a request, you can appeal to the District Court if you think it is unfair. You can look at sections 209 to 211 to see how to appeal. You must appeal within 10 working days and you can only ask for help with the costs. If you do not follow the request, you can get in trouble and have to pay a fine. The fine can be up to $5,000 for an individual or $50,000 for a company.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297720.

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

133BUOwner directed to give information

  1. A responsible person may direct the owner of a building or of any land in a designated area to give the responsible person information about the building or land if the responsible person believes that the further information is reasonably necessary to enable the responsible person to determine—

  2. the risks posed by the building and whether to exercise further powers under this subpart in relation to the building; or
    1. what works, if any, are needed to remove or reduce the risks.

      1. The direction must—

      2. be in writing, in the form (if any) approved by the chief executive; and
        1. describe the information required, which may include a full structural assessment, a detailed engineering assessment of observed damage, or other technical assessment; and
          1. specify the time and date by which the information must be given (allowing a reasonable time for the conduct of any assessment required); and
            1. specify to whom the information must be given.

              1. An owner of a building or land who is given a direction under this section must comply with the direction at that owner’s expense.

              2. On receiving information under this section, the responsible person may, in accordance with subsection (2), direct the owner of the building or land to give further information that the responsible person believes is reasonably necessary to comply with the first direction.

              3. The owner of a building or land who is given a direction under this section may appeal to the District Court on the grounds that the direction is unreasonable.

              4. The provisions of sections 209 to 211 apply to an appeal under subsection (5)—

              5. subject to this section; and
                1. as if, in those provisions,—
                  1. a reference to a determination were a reference to a direction under this section; and
                    1. a reference to the chief executive were a reference to the responsible person who gave the direction; and
                    2. with any other necessary modifications.

                      1. An appeal under subsection (5)—

                      2. must be commenced within 10 working days after the appellant receives notice of the direction; and
                        1. is limited, in the relief that may be granted, to the reasonable costs of complying with the direction.

                          1. A person who intentionally fails to comply with a direction 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.

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