133BWWorks to remove or reduce other risks

1. This section applies if—

2. a responsible person believes that works in relation to a building in a designated area are reasonably necessary to remove or reduce risks posed by the building; and
3. section 133BV(1)(b) does not apply; and
4. there will be ongoing disruption of a public thoroughfare or of the use of another building or of critical infrastructure because the responsible person has—
   1. put in place measures under section 133BS or placed 1 or more signs or notices under section 133BT; and
   2. decided that those measures, signs, or notices must remain in place until the works referred to in paragraph (a) are carried out.

5. The responsible person may—

6. carry out those works; or
7. direct the owner of the building to do so.

8. Before deciding to carry out works in relation to a building, or to direct that they be carried out, the responsible person must,—

9. at least 10 working days before deciding, seek and consider the views of the following persons if it is reasonably practicable to do so:
   1. the owner of the building:
   2. the occupiers of the building:
   3. owners and occupiers of other buildings, and owners and operators of critical infrastructure, whose use is disrupted by the measures put in place under section 133BS or by the signs or notices placed under section 133BT:
   4. persons who have an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017:
   5. persons who have an interest in that land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017:
   6. Heritage New Zealand Pouhere Taonga, if the building is a heritage building:
   7. a statutory authority, if the building is classified or registered by that authority; and
10. consider alternative approaches to demolishing the building; and
11. without limiting section 133BN, take into account the difference between the cost of carrying out the works and the likely impact, on neighbouring homes and businesses, of not carrying out the works.

12. A direction under subsection (2)(b) must—

13. be in writing, in the form (if any) approved by the chief executive; and
14. be given to the owner of the building, if practicable; and
15. describe the intended outcome of the directed works; and
16. state why the works are required; and
17. specify when the works must be completed; and
18. state that, if the works are carried out without a building consent, in reliance on section 41(1)(cb), the owner must apply for a certificate of acceptance after completing the works, in accordance with section 42; and
19. state that resource consent under the Resource Management Act 1991 is not required for the works (see section 133BY).

20. The owner of a building must carry out works that are directed under subsection (2)(b) at the owner’s expense.

21. If the owner does not carry out the works in accordance with the direction, the responsible person may do so.

22. If a responsible person carries out the works,—

23. the owner of the building is liable for the costs of the works; and
24. the responsible person may recover those costs from the owner; and
25. the amount recoverable becomes a charge on the land on which the building is situated.

26. A responsible person must not carry out works under this section after the day that is 6 months after the date on which the designation for the designated area comes into force.

27. The period under subsection (8) may be extended—

28. by—
    1. the person who designated the area; or
    2. another person (if any) who can extend the designation of the area under section 133BH:
29. by up to 3 months:
30. once only.

31. A person who intentionally fails to comply with a direction under subsection (2)(b)—

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