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New Zealand law explained for everyone

Building Act 2004

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

133BW: Works to remove or reduce other risks

You could also call this:

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

If a person in charge thinks work is needed on a building to make it safer, they can do the work or tell the owner to do it. This is for buildings in special areas where safety measures are already in place.

Before deciding to do the work, the person in charge must try to get opinions from people like the building’s owner, people who use the building, and others affected by the safety measures. They also need to think about other ways to fix the problem besides knocking the building down.

If the owner is told to do the work, they must pay for it. If they don’t do it, the person in charge can do the work and make the owner pay later.

The person in charge has six months to do this work after the area is named as special. This time can be extended once for up to three months.

If an owner doesn’t follow the instructions to do the work, they might have to pay a fine of up to $200,000.

The owner needs to apply for a special certificate after finishing the work. They don’t need to get permission under the Resource Management Act 1991 for this work.

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 It might be out of date or be missing some parts.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=LMS297723.

Topics:
Housing and property > Home safety and repairs
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“Quick work can be done to make dangerous buildings safer right away”

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

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
    1. section 133BV(1)(b) does not apply; and
      1. 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
          1. decided that those measures, signs, or notices must remain in place until the works referred to in paragraph (a) are carried out.

          2. The responsible person may—

          3. carry out those works; or
            1. direct the owner of the building to do so.

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

              2. 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:
                  1. the occupiers of the building:
                    1. 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:
                      1. 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:
                        1. 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:
                          1. Heritage New Zealand Pouhere Taonga, if the building is a heritage building:
                            1. a statutory authority, if the building is classified or registered by that authority; and
                            2. consider alternative approaches to demolishing the building; and
                              1. 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.

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

                                2. be in writing, in the form (if any) approved by the chief executive; and
                                  1. be given to the owner of the building, if practicable; and
                                    1. describe the intended outcome of the directed works; and
                                      1. state why the works are required; and
                                        1. specify when the works must be completed; and
                                          1. 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
                                            1. state that resource consent under the Resource Management Act 1991 is not required for the works (see section 133BY).

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

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

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

                                              4. 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. 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.

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

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

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

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

                                                                Notes
                                                                • Section 133BW: inserted, on , by section 12 of the Building Amendment Act 2019 (2019 No 27).
                                                                • Section 133BW(4)(g): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).