129 Measures to avoid immediate danger or to fix insanitary conditions

(1)

This section applies if, because of the state of a building,—

(a)

immediate danger to the safety of people is likely in terms of section 121 or 123; or

(b)

immediate action is necessary to fix insanitary conditions.

(2)

The chief executive of a territorial authority may, by warrant issued under his or her signature, cause any action to be taken that is necessary in his or her judgment to—

(a)

remove that danger; or

(b)

fix those insanitary conditions.

(3)

If the territorial authority takes action under subsection (2),—

(a)

the owner of the building is liable for the costs of the action; and

(b)

the territorial authority may recover those costs from the owner; and

(c)

the amount recoverable by the territorial authority becomes a charge on the land on which the building is situated.

(4)

The chief executive of the territorial authority and the territorial authority are not under any liability arising from the issue, in good faith, of a warrant under subsection (2).

Compare: 1991 No 150 s 70(1), (4)

Section 129(1)(a): amended, on 1 July 2017, by section 21 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).