Management of buildings in designated areas

Heading: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).

133BJ Responsible persons may exercise powers under this subpart

(1)

This section and section 133BK set out who may exercise the powers under sections 133BQ to 133BX and 133BZA in a designated area.

(2)

If no state of emergency or transition period is in force at the same time as the designation, the powers may be exercised,—

(a)

if the area was designated under section 133BC(1), by the territorial authority that is responsible for the designated area:

(b)

if the area was designated under section 133BC(2)(a), by the territorial authority that made the designation:

(c)

if the area was designated under section 133BC(2)(b),—

(i)

by the Minister; or

(ii)

on direction by the Minister, by the territorial authority that is responsible for the designated area.

(3)

If a state of emergency or transition period is in force at the same time as the designation, the powers may be exercised by a person described in section 133BK.

(4)

The Minister may give directions to a territorial authority that is exercising powers under subsection (2).

(5)

A direction given by the Minister may—

(a)

require a power to be exercised or not to be exercised; and

(b)

relate to any or all powers under sections 133BQ to 133BX and 133BZA; and

(c)

relate to a specified building, a specified class of building, or all buildings in the designated area.

(6)

A territorial authority must comply with a direction.

(7)

The Minister may amend, revoke, or replace a direction at any time.

Section 133BJ: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).