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Building Act 2004

Building - Special provisions for buildings affected by emergency - Other matters

133BZA: Application of subparts 6, 6A, and 7 in designated areas

You could also call this:

"Rules for buildings and dams in special areas"

If you have a building in a special area, some rules still apply. You can find these rules in subpart 6 and they apply according to section 123B. This subpart also applies to your building and is more important if there are any inconsistencies.

If you have a building that might be damaged in an earthquake, and it is in a special area, two sets of rules apply: subpart 6A and this subpart. This subpart is more important if there are any inconsistencies. You can find out what an earthquake-prone building is in section 133AB.

Sometimes, a person in charge of a building can change a deadline for things like assessments or seismic work. They can do this if they think it is necessary to figure out important things, like what is said in section 133BU(1), or to remove risks. They can also change deadlines for seismic work, which is talked about in section 133AM, 133AMA, 133AMB, or 133AMC.

If you have a dangerous dam in a special area, some rules still apply. These rules are in sections 153 to 162 and they apply according to section 153AA. This subpart also applies to your dam and is more important if there are any inconsistencies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297729.

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"The Minister or council can share helpful information with emergency management people."

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133A: Dams to which subpart 7 provisions apply, or

"This part of the law explains which rules apply to different types of dams."

Part 2Building
Special provisions for buildings affected by emergency: Other matters

133BZAApplication of subparts 6, 6A, and 7 in designated areas

  1. If a building to which subpart 6 applies is located in a designated area,—

  2. subpart 6 continues to apply in accordance with section 123B; and
    1. this subpart applies to the building and prevails in the event of any inconsistency in the operation of the provisions of the 2 subparts.

      1. If an earthquake-prone building (see section 133AB) is located in a designated area,—

      2. both subpart 6A and this subpart apply to that building; and
        1. this subpart prevails in the event of any inconsistency in the operation of the provisions of the 2 subparts.

          1. Despite subsection (2)(a), a responsible person may bring forward—

          2. a due date (including a due date that has been extended), for the provision of any assessment or information under subpart 6A, if the responsible person believes that the imposition of the earlier due date is reasonably necessary to enable the person to determine the matters referred to in section 133BU(1); or
            1. a deadline for completing seismic work under section 133AM, 133AMA, 133AMB, or 133AMC (including a deadline that has been extended), if the responsible person believes that the imposition of the earlier deadline is reasonably necessary to remove or reduce risks of injury or death posed by the building.

              1. If a dangerous dam (within the meaning of section 153) is in a designated area,—

              2. sections 153 to 162 continue to apply in accordance with section 153AA; and
                1. this subpart applies to the dam and prevails in the event of any inconsistency in the operation of this subpart and sections 153 to 162.

                  Notes
                  • Section 133BZA: inserted, on , by section 12 of the Building Amendment Act 2019 (2019 No 27).
                  • Section 133BZA(3)(b): amended, on , by section 21 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).