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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during states of emergency - Powers exercised by specified persons and others

135: Power to direct owner of structure to obtain assessment

You could also call this:

"Someone in charge can ask you to check if your building is safe after an emergency"

Illustration for Emergency Management Bill (No 2)

If a big emergency happens, someone in charge can tell you to get a special report about your building. This report checks if the emergency has damaged your building and if it's safe. You might get this request if the person in charge thinks your building could hurt people or damage other property. The person in charge can only ask you for this report if they think your building might be a risk to people or other property. They have to tell you why they want the report and what it should include. They also have to give you a reasonable amount of time to get the report done. You will get official notice of this request, which will follow the rules set out in section 136. If you get this request, you have to get the report and pay for it. Then, you have to give the report to the person who asked for it as soon as possible. If you don't agree with the request, you can appeal to the District Court under section 207(1)(a).

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 It might be out of date or be missing some parts.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=LMS1022543.

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Topics:
Housing and property > Home safety and repairsEmergency management > Emergency response
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134: Power to direct or request person to cease activity or take action, or

"Stopping or doing something to help in an emergency"

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136: Notice requirements under section 135, or

"Telling people about emergency directions"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during states of emergency: Powers exercised by specified persons and others

135Power to direct owner of structure to obtain assessment

  1. A specified person may direct—

  2. the owner of a structure (or the owner’s agent) to obtain an assessment of the effect on the structure of the applicable emergency and any related subsequent events:
    1. the owners of structures of a particular class or type (or the owners’ agents) to obtain assessments of the effect on structures of the class or type they own of the applicable emergency and any related subsequent events.

      1. The specified person may take the action authorised by this section only if they are satisfied that the structure or class or type of structure may, in the circumstances, pose a risk—

      2. of injury to people; or
        1. to the safety of human life or of property (other than the structure itself).

          1. A direction must—

          2. state the purpose of the assessment and specify the assessment that is required; and
            1. specify a reasonable time within which the assessment must be completed and given to the person who gave the direction.

              1. The specified person must give notice of the direction in accordance with section 136.

              2. An owner (or owner’s agent) who is given a direction must—

              3. obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and
                1. give a copy of the assessment to the person who gave the direction as soon as is reasonably practicable and within the time specified in the direction.

                  1. The owner or the owner’s agent may appeal to the District Court under section 207(1)(a).

                  Compare
                  • 2002 No 33 s 91
                  • 1996 No 30 s 137(1)(d), (e)