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

133BU: Owner directed to give information

You could also call this:

“The person in charge can ask building owners for important information about their property to keep people safe.”

If you own a building or land in a special area, someone in charge might ask you for information about it. They can do this if they think they need more details to understand if the building is risky or if it needs work to make it safer.

When they ask you for information, they must do it in writing. They’ll tell you exactly what information they need. This could be things like a full check of the building’s structure or a detailed look at any damage. They’ll also tell you when you need to give them the information and who to give it to.

If you get asked for this information, you have to provide it, and you’ll need to pay for any costs involved. The person in charge might ask you for more information if they think they need it after looking at what you’ve given them.

If you think the request for information is unfair, you can go to the District Court to challenge it. You need to do this within 10 working days of getting the request. The court can only help with the reasonable costs of giving the information.

It’s important to follow these requests. If you don’t give the information on purpose, you’re breaking the law. If you’re found guilty, you might have to pay a fine. For a person, the fine could be up to $5,000. For a company, it could be up to $50,000.

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 It might be out of date or be missing some parts.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=LMS297720.

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Part 2 Building
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).