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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 about buildings and dams in special areas can override other rules”

You need to know about how different parts of the Building Act 2004 work together in special areas called ‘designated areas’.

If a building in a designated area is covered by subpart 6 of the Act, both subpart 6 and this subpart will apply to it. If there’s any clash between these two subparts, this subpart will be the one that counts.

For earthquake-prone buildings in designated areas, both subpart 6A and this subpart apply. If they clash, this subpart wins. However, sometimes the person in charge can make due dates earlier for assessments or finishing earthquake-strengthening work if they think it’s needed to keep people safe.

If there’s a dangerous dam in a designated area, sections 153 to 162 of the Act still apply, but this subpart also applies. If there’s any clash, this subpart is the one that matters most.

Remember, this subpart is really important in designated areas and often takes priority over other parts of the Act.

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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.

Topics:
Housing and property > Home safety and repairs
Environment and resources > Town planning
Government and voting > Emergency management
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133BZ: Sharing of information, or

“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 2 Building
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 (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).