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Fire and Emergency New Zealand Act 2017

Emergencies, fire control, industry brigades, water supply, and evacuation schemes - Evacuation schemes

79: District Court order closing relevant building

You could also call this:

"What happens if a court orders a building to be closed for breaking fire safety rules"

Illustration for Fire and Emergency New Zealand Act 2017

You can be affected by a court order if you own a building. If you fail to follow the rules in section 76, 77, or 78(2), Fire and Emergency New Zealand may take you to court. The court can then order you to follow the rules within a certain time. You will get at least 10 days' notice before Fire and Emergency New Zealand takes you to court. Before the court makes a decision, you will have a chance to explain your side of the story. The court must be sure that you have not followed the rules. The court can also order your building to be closed until you follow the rules. This can happen if the court decides it is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6678656.

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Part 2Emergencies, fire control, industry brigades, water supply, and evacuation schemes
Evacuation schemes

79District Court order closing relevant building

  1. If the owner of a relevant building has failed to comply with section 76, 77, or 78(2), FENZ may apply to the District Court for an order requiring the owner of the relevant building to comply with section 76, 77, or 78(2) within a specified period of time that the Court considers appropriate.

  2. If the District Court makes a compliance order under subsection (1), the Court may, in the Court’s discretion, also make an order that the building be closed until the relevant section or sections is or are complied with.

  3. FENZ must give the owner of the building at least 10 days’ written notice before applying for an order under subsection (1).

  4. Before making an order under subsection (1) or (2), the District Court must—

  5. conduct a hearing, and give FENZ and the owner of the building an opportunity to be heard; and
    1. be satisfied that the owner has failed to comply with section 76, 77, or 78.

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