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

133BV: Urgent works to remove or reduce risks

You could also call this:

“Quick work can be done to make dangerous buildings safer right away”

If someone in charge thinks a building in a special area needs urgent work to make it safer, they can do that work right away. This is for times when waiting might be dangerous.

If it’s not the Minister doing the work, they need to get the Minister’s permission before knocking down all or part of an important old building. They also need to tell Heritage New Zealand Pouhere Taonga about it.

The Minister has to talk to the person in charge of protecting old buildings at least a day before saying yes or doing the work themselves.

If it’s not the Minister doing the work on any other important old building, they need to talk to Heritage New Zealand Pouhere Taonga at least a day before starting.

The building’s owner has to pay for this urgent work. The person who did the work can ask the owner for the money, and if they don’t pay, it becomes a debt on the land where the building is.

There are some rules about how this urgent work should be done, just like when the council does emergency work on buildings.

If the Minister or the person in charge forgets to talk to someone they should have, it doesn’t stop the work from being allowed.

In this law, “risk” means people could get hurt or die, or important buildings or services could be damaged or stop working properly.

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 It might be out of date or be missing some parts.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=LMS297722.

Topics:
Housing and property > Home safety and repairs
Environment and resources > Town planning
Government and voting > Emergency management
Arts and culture > Heritage protection
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133BU: Owner directed to give information, or

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

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133BW: Works to remove or reduce other risks, or

“Fixing risky buildings in special areas to keep people safe and things moving”

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

133BVUrgent works to remove or reduce risks

  1. This section applies if a responsible person believes that works in relation to a building in a designated area—

  2. are reasonably necessary to remove or reduce risks posed by the building; and
    1. must be carried out without delay in order to remove or reduce those risks.

      1. The responsible person may carry out those works.

      2. The responsible person (if not the Minister) must obtain the approval of the Minister before carrying out works that involve the demolition of the whole or a part of a heritage building that is—

      3. identified as Category 1 or wāhi tūpuna in the list referred to in paragraph (a)(i) of the definition of heritage building in section 7; or
        1. referred to in paragraph (a)(ii) of that definition.

          1. A responsible person who requests the approval of the Minister under subsection (3) must at the same time notify Heritage New Zealand Pouhere Taonga of the request.

          2. The Minister must consult the Minister responsible for the administration of the Heritage New Zealand Pouhere Taonga Act 2014 at least 24 hours before—

          3. giving an approval under subsection (3); or
            1. carrying out the works under subsection (1) (if the Minister is the responsible person).

              1. The responsible person (if not the Minister) must consult Heritage New Zealand Pouhere Taonga at least 24 hours before carrying out any other works in relation to a heritage building.

              2. If works are carried out under this section,—

              3. the owner of the building is liable for the costs of the works; 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. Section 130 applies—

                    2. as if the responsible person’s decision to carry out works under this section were a warrant issued under section 129(2); and
                      1. as if a reference in section 129(2) to the territorial authority were a reference to the responsible person; and
                        1. with any other necessary modifications.

                          1. A failure by the Minister or the responsible person to consult or notify in accordance with subsection (4), (5), or (6) does not invalidate the Minister’s approval or the responsible person’s decision to carry out works.

                          2. In this section, risk means a risk to—

                          3. persons, of injury or death; or
                            1. critical infrastructure, of damage or disruption to its operation or use.

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