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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during transition periods - Powers exercised by authorised Recovery Managers or constables

165: Power to direct owner of structure to obtain assessment

You could also call this:

"When to get a structure checked after an emergency"

Illustration for Emergency Management Bill (No 2)

If you own a structure, an authorised Recovery Manager or a constable can tell you to get it assessed. They can do this if they think your structure might be a risk to people or property because of an emergency. They must say what the assessment is for and when it needs to be done. You will have to pay for the assessment and give a copy of it to the person who told you to get it done. They must tell you about their decision in a certain way, as set out in section 166. If you do not agree with their decision, you can appeal to the District Court under section 207. The assessment must be done within a reasonable time and you must give the result to the person who asked for it. You have to follow the direction and get the assessment done as soon as possible. The person who gave the direction must be satisfied that your structure might pose a risk to people or property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022564.

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

"Stopping or starting actions to help in an emergency"

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166: Notice requirements under section 165, or

"Telling people about important directions during emergencies"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during transition periods: Powers exercised by authorised Recovery Managers or constables

165Power to direct owner of structure to obtain assessment

  1. An authorised Recovery Manager or a constable may direct—

  2. the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the applicable emergency (and any related subsequent events) on the structure:
    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 authorised Recovery Manager or constable 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 authorised Recovery Manager or constable must give notice of the direction in accordance with section 166.

              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 94N