Canterbury Earthquake Recovery Act 2011

  • repealed
  • Canterbury Earthquake Recovery Act 2011: repealed, on 19 April 2016, by section 146(1) of the Greater Christchurch Regeneration Act 2016 (2016 No 14).

Building works, etc

38 Works

(1)

The chief executive may carry out or commission works.

(2)

The works include (without limitation)—

(a)

the erection, reconstruction, placement, alteration, or extension of all or any part of any building, structure, or other erection on or under land:

(b)

the demolition of all or part of a building, structure, or other erection on or under land:

(c)

the removal and disposal of any building, structure, or other erection on or under land, or material.

(3)

The chief executive may remove fixtures and fittings from any building.

(4)

If the chief executive gives written notice to an owner of a building, structure, or other erection on or under land that demolition work is to be carried out there,—

(a)

the owner must give notice to the chief executive within 10 days after the chief executive’s notice is given stating whether or not the owner intends to carry out the works and, if the owner intends to do so, specifying a time within which the works will be carried out; and

(b)

if the owner fails to give notice under paragraph (a) or the chief executive is not satisfied with the time specified, or the works are not carried out in the time specified or otherwise agreed, then—

(i)

the chief executive may commission the carrying out of the works; and

(ii)

in the case of the demolition of a building to which section 40(1) or (2) refers, the chief executive may recover the costs of carrying out the work from the owner of the dangerous building in question; and

(iii)

the amount recoverable becomes a charge on the land on which the work was carried out.

(5)

To avoid doubt, works under this section may be undertaken on or under public or private land, and with or without the consent of the owner or occupier.

(6)

To avoid doubt, this section does not override any requirements for resource consents or building consents that may apply to works under this section, but any such requirements may be varied by Orders in Council made under this Act.