Building (Earthquake-prone Buildings) Amendment Act 2016

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24 New subpart 6A of Part 2 inserted

After section 133, insert:

Subpart 6A—Special provisions for earthquake-prone buildings

Application and interpretation

133AA Buildings to which this subpart applies

(1)

This subpart applies to all buildings except the following:

(a)

a building that is used wholly or mainly for residential purposes (but see subsection (2)):

(b)

a farm building (being a shed or other building that is located on a farm and used primarily for farming activities or an ancillary purpose):

(c)

a stand-alone retaining wall (being a retaining wall that is not integral to the structure of a building):

(d)

a fence:

(e)

a monument (including a statue), unless the monument is capable of being entered by a person:

(f)

a wharf:

(g)

a bridge:

(h)

a tunnel:

(i)

a storage tank:

(j)

a building that is a dam:

(k)

a part of a building that is a dam.

(2)

Despite subsection (1)(a), this subpart applies to a building described in that subsection if the building—

(a)

comprises 2 or more storeys; and

(b)

either—

(i)

is a hostel, boardinghouse, or other specialised accommodation; or

(ii)

contains 3 or more household units.

133AB Meaning of earthquake-prone building

(1)

A building or a part of a building is earthquake prone if, having regard to the condition of the building or part and to the ground on which the building is built, and because of the construction of the building or part,—

(a)

the building or part will have its ultimate capacity exceeded in a moderate earthquake; and

(b)

if the building or part were to collapse, the collapse would be likely to cause—

(i)

injury or death to persons in or near the building or on any other property; or

(ii)

damage to any other property.

(2)

Whether a building or a part of a building is earthquake prone is determined by the territorial authority in whose district the building is situated: see section 133AK.

(3)

For the purpose of subsection (1)(a), ultimate capacity and moderate earthquake have the meanings given to them by regulations.

Compare: 1991 No 150 s 66

133AC Meaning of earthquake rating

(1)

In this Act, earthquake rating, in relation to a building or a part of a building that a territorial authority has determined is earthquake prone, means the degree to which the building or part meets the requirements of the building code—

(a)

that relate to how a building is likely to perform in an earthquake; and

(b)

that would be used to design a new building on the same site; and

(c)

as they apply on the day on which this section comes into force.

(2)

The earthquake rating of a building or a part of a building—

(a)

is determined by a territorial authority in accordance with the EPB methodology (see section 133AK); and

(b)

is specified on the EPB notice issued for the building or part and recorded in the EPB register; and

(c)

determines the form of the EPB notice issued for the building or part (see section 401C(a)).

(3)

An earthquake rating may be expressed as a percentage or a percentage range.

Examples

If a territorial authority determines that a building meets 25% of the requirements of the building code referred to in subsection (1), the earthquake rating of the building is 25%.

If a territorial authority determines that a building meets between 0% and 10% of the requirements of the building code referred to in subsection (1), the earthquake rating of the building is the range of 0% to 10%.

133AD Meaning of low, medium, and high seismic risk

(1)

For the purposes of this Act, the area in which a building is located has—

(a)

a low seismic risk if the area has a Z factor that is less than 0.15; and

(b)

a medium seismic risk if the area has a Z factor that is greater than or equal to 0.15 and less than 0.3; and

(c)

a high seismic risk if the area has a Z factor that is greater than or equal to 0.3.

(2)

For the purpose of subsection (1), the Z factor of an area is the seismic hazard factor that would be used to design a new building on a site in that area in accordance with the following, as they relate to calculating Z factors and as they apply on the day on which this section comes into force:

(a)

the building code; and

(b)

verification methods; and

(c)

standards incorporated by reference into the building code or a verification method.

(3)

The seismic risk of an area affects—

(a)

the time frame within which a territorial authority must—

(i)

apply the EPB methodology to identify buildings or parts of buildings in the area that are potentially earthquake prone (see section 133AG); and

(ii)

report to the chief executive on its progress towards that objective; and

(b)

the deadline for completing seismic work on a building or a part of a building in the area, if it is subject to an EPB notice (see section 133AM).

133AE Meaning of priority building

(1)

In this subpart, priority building means any of the following that are located in an area of medium or high seismic risk:

(a)

a hospital building that is likely to be needed in an emergency (within the meaning of the Civil Defence Emergency Management Act 2002) to provide—

(i)

emergency medical services; or

(ii)

ancillary services that are essential for the provision of emergency medical services:

(b)

a building that is likely to be needed in an emergency for use as an emergency shelter or emergency centre:

(c)

a building that is used to provide emergency response services (for example, policing, fire, ambulance, or rescue services):

(d)

a building that is regularly occupied by at least 20 people and that is used as any of the following:

(i)

an early childhood education and care centre licensed under Part 26 of the Education Act 1989:

(ii)

a registered school or an integrated school (within the meaning of the Education Act 1989):

(iii)

a private training establishment registered under Part 18 of the Education Act 1989:

(iv)

a tertiary institution established under section 162 of the Education Act 1989:

(e)

any part of an unreinforced masonry building that could—

(i)

fall from the building in an earthquake (for example, a parapet, an external wall, or a veranda); and

(ii)

fall onto any part of a public road, footpath, or other thoroughfare that a territorial authority has identified under section 133AF(2)(a):

(f)

a building that a territorial authority has identified under section 133AF(2)(b) as having the potential to impede a transport route of strategic importance (in terms of an emergency response) if the building were to collapse in an earthquake.

(2)

For the purposes of subsection (1)(a) and (b), the likelihood of a building being needed in an emergency for a particular purpose must be assessed having regard to—

(a)

any national civil defence emergency management plan made under section 39 of the Civil Defence Emergency Management Act 2002; and

(b)

the civil defence emergency management group plan approved under section 48 of the Civil Defence Emergency Management Act 2002 that covers the district in which the building is situated.

(3)

If only part of a building meets the criteria set out in subsection (1), only that part of the building is a priority building.

(4)

Whether a building is a priority building affects—

(a)

the deadline by which a territorial authority must identify whether the building or a part of the building is potentially earthquake prone (see section 133AG); and

(b)

the deadline for completing seismic work on the building or a part of the building, if it is subject to an EPB notice (see section 133AM).

133AF Role of territorial authority in identifying certain priority buildings

(1)

This section applies to a territorial authority whose district includes any area of medium or high seismic risk.

(2)

The territorial authority,—

(a)

for the purpose of section 133AE(1)(e) (prioritising parts of unreinforced masonry buildings), must use the special consultative procedure in section 83 of the Local Government Act 2002 to identify any part of a public road, footpath, or other thoroughfare in an area of medium or high seismic risk—

(i)

onto which parts of an unreinforced masonry building could fall in an earthquake; and

(ii)

that has sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of those parts of unreinforced masonry buildings; and

(b)

for the purpose of section 133AE(1)(f) (prioritising buildings that could impede a strategic transport route),—

(i)

may, in its discretion, initiate the special consultative procedure in section 83 of the Local Government Act 2002 to identify buildings for that purpose; but

(ii)

must not identify buildings for that purpose other than in accordance with the special consultative procedure.

(3)

However, a territorial authority is not required to act under subsection (2)(a) if there is no reasonable prospect of any thoroughfare in its district satisfying the criteria set out in subsection (2)(a)(i) and (ii).

(4)

If a territorial authority is required by subsection (2)(a) or decides under subsection (2)(b) to use the special consultative procedure in section 83 of the Local Government Act 2002, it must use the procedure within a time frame that enables the territorial authority to meet the applicable time frame under section 133AG(4) for identifying potentially earthquake-prone priority buildings in its district.

Identifying earthquake-prone buildings

133AG Territorial authority must identify potentially earthquake-prone buildings

(1)

Within the applicable time frame under subsection (4), a territorial authority—

(a)

must apply the EPB methodology to buildings in its district to identify buildings or parts of buildings that are potentially earthquake prone; and

(b)

may, if it has reason to suspect that a building or a part of a building in its district may be earthquake prone, identify the building or part as potentially earthquake prone, whether or not by reference to any aspect of the EPB methodology.

(2)

Until the end of the applicable time frame, a territorial authority must report to the chief executive on its progress towards identifying buildings or parts of buildings within its district that are potentially earthquake prone as follows:

(a)

if the whole district is of low seismic risk, every 3 years; or

(b)

if the district includes an area of medium seismic risk, but no areas of high seismic risk, every 2 years; or

(c)

if the district includes an area of high seismic risk, every year.

(3)

After the end of the applicable time frame, a territorial authority may, if it has reason to suspect that a building or a part of a building in its district may be earthquake prone, identify the building or part as potentially earthquake prone, whether or not by reference to the EPB methodology.

(4)

The applicable time frame is the period commencing on the day on which this section comes into force (the commencement date) and ending on,—

(a)

for each area of low seismic risk, the expiry of 15 years after the commencement date; and

(b)

for each area of medium seismic risk, the expiry of the following period after the commencement date:

(i)

5 years for priority buildings; and

(ii)

10 years for other buildings; and

(c)

for each area of high seismic risk, the expiry of the following period after the commencement date:

(i)

2 years and 6 months for priority buildings; and

(ii)

5 years for other buildings.

133AH Territorial authority must request engineering assessment of potentially earthquake-prone buildings

(1)

If a territorial authority identifies a building or a part of a building as potentially earthquake prone, the territorial authority must ask the owner of the building or part to provide an engineering assessment of the building or part.

(2)

The request must—

(a)

be in writing; and

(b)

be dated; and

(c)

identify the building or the part of a building that the territorial authority has identified as potentially earthquake prone; and

(d)

explain the basis on which the territorial authority has identified the building or the part of the building as potentially earthquake prone; and

(e)

explain the owner’s obligations under section 133AI; and

(f)

state whether the building is a priority building; and

(g)

state the due date for the engineering assessment, which must be 12 months after the date of the request; and

(h)

explain that if the owner is not reasonably able to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments), the owner may apply under section 133AJ for an extension of up to 12 months; and

(i)

explain the consequences of the owner failing to provide the engineering assessment by the due date; and

(j)

explain what will happen if the territorial authority determines that the building or the part of the building is earthquake prone.

133AI Obligations of owners on receiving request for engineering assessment

(1)

If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH, the owner must, by the due date (which may be extended under section 133AJ),—

(a)

provide to the territorial authority an engineering assessment of the building or part that complies with the requirements of the EPB methodology; or

(b)

provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building or part as potentially earthquake prone; or

(c)

notify the territorial authority that the owner does not intend to provide an engineering assessment.

(2)

If a territorial authority is satisfied that it has incorrectly identified a building or a part of a building as potentially earthquake prone, the territorial authority must cancel the request for an engineering assessment and give the owner of the building or part written notice of that fact.

(3)

If an owner fails to comply with subsection (1), or notifies the territorial authority under subsection (1)(c) that the owner does not intend to provide an engineering assessment of a building or a part of a building,—

(a)

the territorial authority must, under section 133AK(4), proceed as if it had determined the building or part to be earthquake prone; and

(b)

the EPB notice issued for the building or part must, under section 133AL(4), be in the form that is prescribed for the category of earthquake ratings that includes the lowest earthquake ratings; and

(c)

the territorial authority may obtain an engineering assessment of the building or part and recover, as a debt due from the owner of the building or part, the costs of doing so.

133AJ Owners may apply for extension of time to provide engineering assessment

(1)

This section applies if—

(a)

a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH; and

(b)

the owner is unable to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments).

(2)

The owner may, no later than 2 months before the due date, apply to the territorial authority for an extension of up to 12 months from the due date.

(3)

The territorial authority must deal with the application promptly, by—

(a)

granting the extension and notifying the owner in writing of the revised due date for the engineering assessment; or

(b)

notifying the owner in writing that the extension has not been granted.

(4)

A territorial authority must not extend the due date for an engineering assessment more than once.

133AK Territorial authority must determine whether building is earthquake prone

(1)

If a territorial authority receives an engineering assessment of a building or a part of a building in response to a request made under section 133AH, the territorial authority must determine, in accordance with the EPB methodology,—

(a)

whether the building or part is earthquake prone; and

(b)

if the building or part is earthquake prone, its earthquake rating.

(2)

If the territorial authority determines that the building or part is not earthquake prone, the territorial authority must promptly notify the owner in writing of its decision.

(3)

If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—

(a)

issue an EPB notice for the building or part under section 133AL; and

(b)

record the details of the decision in the EPB register and update other information in the EPB register as necessary.

(4)

If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH, and either does not receive it by the due date or is notified that the owner does not intend to provide it by the due date,—

(a)

the territorial authority—

(i)

must proceed as if it had determined the building or part to be earthquake prone; and

(ii)

need not determine the earthquake rating of the building or part; and

(b)

this Act applies as if the territorial authority had determined the building or part to be earthquake prone.

Remediation of earthquake-prone buildings

133AL Territorial authority must issue EPB notice for earthquake-prone buildings

(1)

This section applies if a territorial authority makes any of the following decisions:

(a)

determining under section 133AK or 133AY or clause 2 of Schedule 1AA that a building or a part of a building is earthquake prone; or

(b)

revoking an exemption under section 133AN; or

(c)

revoking an extension under section 133AO; or

(d)

determining under section 133AQ or 133AY that the earthquake rating of a building or a part of a building that is subject to an EPB notice is different from the earthquake rating (if any) of the building or part that is stated in the notice or the EPB register.

(2)

The territorial authority must promptly issue an EPB notice for the building or the part of the building, which must—

(a)

be dated; and

(b)

be in the prescribed form; and

(c)

identify the building or the part of a building determined to be earthquake prone; and

(d)

specify whether the building or part is a priority building; and

(e)

specify the earthquake rating of the building or part (unless this has not been determined: see section 133AK(4) and clause 2 of Schedule 1AA); and

(f)

state that the owner of the building or part is required to carry out building work to ensure that the building or part is no longer earthquake prone (seismic work); and

(g)

state the deadline for completing seismic work (see section 133AM); and

(h)

state that the owner of the building or part may apply under section 133AN for an exemption from the requirement to carry out seismic work; and

(i)

if the building is a heritage building to which section 133AO applies, state that the owner of the building or part may apply under that section for an extension of time to complete seismic work; and

(j)

state that the owner is not required to complete seismic work if the territorial authority determines or is satisfied, in accordance with section 133AQ, that the building or part is not earthquake prone.

(3)

If the earthquake rating of a building or a part of a building is a percentage range that spans more than 1 prescribed category of earthquake ratings, the notice issued for the building or part must be in the form prescribed for the category that includes the lowest point in the percentage range.

(4)

If the territorial authority is proceeding under section 133AK(4) as if it had determined a building or a part of a building to be earthquake prone (because the owner has not provided an engineering assessment),—

(a)

the notice must be in the form prescribed for the category of earthquake ratings that includes the lowest earthquake ratings (see section 401C(a)); and

(b)

the notice must state—

(i)

that the territorial authority has not determined whether the building or part is earthquake prone, but is proceeding as if it had; and

(ii)

that the earthquake rating of the building or part has not been determined.

(5)

The territorial authority must give a copy of the notice to—

(a)

the owner of the building or the part of the building; and

(b)

every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 1952; and

(c)

every person claiming an interest in the land that is protected by a caveat lodged and in force under section 137 of the Land Transfer Act 1952; and

(d)

every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and

(e)

Heritage New Zealand Pouhere Taonga, if the building is a heritage building.

(6)

However, the notice is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (5).

133AM Deadline for completing seismic work

(1)

The owner of a building or a part of a building that is subject to an EPB notice must complete seismic work on the building or part on or before the deadline specified in this section.

(2)

The deadline is the expiry of whichever of the following periods, as measured from the date of the first EPB notice issued for the building or the part of the building (rather than any replacement EPB notice), is applicable:

(a)

in an area of low seismic risk, 35 years for any building; and

(b)

in an area of medium seismic risk, 12 years and 6 months for a priority building and 25 years for any other building; and

(c)

in an area of high seismic risk, 7 years and 6 months for a priority building and 15 years for any other building.

(3)

However,—

(a)

if clause 2 of Schedule 1AA applies to the building or the part of the building, the deadline is the deadline determined in accordance with that clause; and

(b)

if the building or the part of the building is a heritage building for which an extension is granted under section 133AO, the deadline is the expiry of the period of the extension, as measured from the deadline that would apply under paragraph (a) or subsection (2) if no extension were granted.

(4)

To avoid doubt, seismic work may include the demolition of a building or part of a building.

133AN Owner may apply for exemption from requirement to carry out seismic work

(1)

The owner of a building or a part of a building that is subject to an EPB notice may apply to a territorial authority for an exemption from the requirement to carry out seismic work on the building or part.

(2)

An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.

(3)

The territorial authority must deal with the application promptly, by doing one of the following:

(a)

if the territorial authority is satisfied that the building or the part of the building has the prescribed characteristics (see section 401C(b)),—

(i)

granting the exemption and issuing an EPB exemption notice; and

(ii)

recording the details of the exemption in the EPB register and updating other information in the EPB register as necessary; or

(b)

notifying the owner in writing that the exemption has not been granted.

(4)

An EPB exemption notice must—

(a)

identify the building or the part of the building that is subject to an EPB notice; and

(b)

state that the owner of the building or the part of the building is exempt from the requirement to carry out seismic work on the building or part; and

(c)

give the territorial authority’s reasons for granting the exemption.

(5)

A territorial authority may review an exemption at any time, and may revoke it if satisfied that the building no longer has the prescribed characteristics.

(6)

An exemption stays in force until the territorial authority revokes it.

(7)

As soon as practicable after revoking an exemption, a territorial authority must—

(a)

reissue an EPB notice under section 133AL for the building or the part of the building that is earthquake prone; and

(b)

record the details of the revocation in the EPB register and update other information in the EPB register as necessary.

133AO Owners of certain heritage buildings may apply for extension of time to complete seismic work

(1)

This section applies to a building if—

(a)

the building or a part of the building is subject to an EPB notice; and

(b)

the building is—

(i)

included as a Category 1 historic place on the New Zealand Heritage List/Rārangi Kōrero maintained under section 65 of the Heritage New Zealand Pouhere Taonga Act 2014; or

(ii)

included on the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 of the Heritage New Zealand Pouhere Taonga Act 2014.

(2)

The owner of the building or the part of the building (the owner) may apply to the territorial authority for an extension of time to complete seismic work on the building or part.

(3)

An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.

(4)

The territorial authority may, by notice in writing to the owner, extend by up to 10 years the deadline for completing seismic work that applies under section 133AM(2) or (3)(a).

(5)

If the territorial authority grants an extension, the owner must—

(a)

take all reasonably practicable steps to manage or reduce the risks associated with the building or the part of the building being earthquake prone; and

(b)

comply with any conditions imposed by the territorial authority for the purpose of managing or reducing the risks referred to in paragraph (a).

(6)

If the owner fails to comply with subsection (5), the territorial authority may revoke the extension.

(7)

As soon as practicable after granting or revoking an extension, a territorial authority must—

(a)

reissue an EPB notice under section 133AL for the building or the part of the building; and

(b)

record the details of the extension or revocation in the EPB register and update other information in the EPB register as necessary.

133AP EPB notices and EPB exemption notices to be attached to earthquake-prone buildings

(1)

As soon as practicable after issuing an EPB notice or an EPB exemption notice for a building or a part of a building, the territorial authority must—

(a)

attach, or require the owner of the building or part to attach, the notice in a prominent place on or adjacent to the building; and

(b)

remove, or authorise the owner of the building or part to remove, any superseded EPB notice or EPB exemption notice that is attached on or adjacent to the building.

(2)

If an EPB notice or an EPB exemption notice ceases to be attached in a prominent place on or adjacent to a building, or becomes illegible,—

(a)

the owner of the building or the part of the building to which the notice relates must notify the territorial authority of that fact; and

(b)

the territorial authority must issue a replacement notice; and

(c)

subsection (1) applies to the replacement notice.

(3)

Subsection (2) does not apply if the removal of the notice is authorised by or under this subpart.

133AQ Territorial authority may assess information relating to earthquake-prone building status at any time

(1)

This section applies if, at any time,—

(a)

the owner of a building or a part of a building sends to the territorial authority an engineering assessment of the building or part (whether or not the building or part is already subject to an EPB notice); or

(b)

a territorial authority is satisfied, on the basis of evidence other than an engineering assessment, that a building or a part of a building that is subject to an EPB notice is not earthquake prone.

(2)

As soon as practicable after receiving an engineering assessment under this section for a building or a part of a building, the territorial authority must determine, in accordance with the EPB methodology,—

(a)

whether the building or part is earthquake prone; and

(b)

if the building or part is earthquake prone, its earthquake rating.

(3)

If the territorial authority determines or is satisfied that the building or part is not earthquake prone, the territorial authority must promptly—

(a)

notify the owner in writing of its decision; and

(b)

if the building or part is already subject to an EPB notice,—

(i)

remove the building from the EPB register; and

(ii)

remove, or authorise the owner of the building or part to remove, any EPB notice or EPB exemption notice attached on or adjacent to the building.

(4)

If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—

(a)

notify the owner in writing of its decision; and

(b)

if the building or part is not already subject to an EPB notice, issue an EPB notice for the building or part under section 133AL; and

(c)

if the building or part is already subject to an EPB notice,—

(i)

if the earthquake rating has changed, reissue an EPB notice under section 133AL for the building or part; and

(ii)

if the earthquake rating has not changed, notify the owner in writing of that fact; and

(d)

record the details of the decision in the EPB register and update other information in the EPB register as necessary.

Powers of territorial authorities in respect of earthquake-prone buildings

133AR Territorial authority may impose safety requirements

(1)

If a territorial authority determines that a building or a part of a building in its district is earthquake prone, the territorial authority may do any or all of the following:

(a)

put up a hoarding or fence to prevent people from approaching the building or part nearer than is safe:

(b)

attach in a prominent place, on or adjacent to the building or part, a notice that warns people not to approach the building or part:

(c)

issue a notice that complies with subsection (2) restricting entry to the building or part for particular purposes or restricting entry to particular persons or groups of persons.

(2)

A notice issued under subsection (1)(c)—

(a)

must be in writing; and

(b)

must be fixed to the building in question; and

(c)

must be given in the form of a copy to the persons listed in section 133AL(5); and

(d)

may be issued for a period of up to 30 days; and

(e)

may be reissued, but not more than once, for a further period of up to 30 days.

(3)

However, a notice issued under subsection (1)(c), if fixed on the building, is not invalid because a copy of it has not been given to any or all of the persons listed in section 133AL(5).

(4)

If, in relation to a building or a part of a building, a territorial authority has put up a hoarding or fence or attached a notice under subsection (1)(b) or (c), no person may, other than in accordance with the terms of a notice issued under subsection (1)(c),—

(a)

use or occupy the building or part; or

(b)

permit another person to use or occupy the building or part.

133AS Territorial authority may carry out seismic work

(1)

This section applies if seismic work on a building or a part of a building that is subject to an EPB notice is not completed by the deadline that applies under section 133AM, or is not proceeding with reasonable speed in the light of that deadline.

(2)

The territorial authority may apply to a District Court for an order authorising the territorial authority to carry out seismic work on the building or the part of the building.

(3)

Before the territorial authority applies to a District Court under subsection (2), the territorial authority must give the owner of the building or the part of the building not less than 10 days’ written notice of its intention to do so.

(4)

If a territorial authority carries out seismic work on a building or a part of a building under the authority of an order made under subsection (2),—

(a)

the owner of the building or part is liable for the costs of the work; 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 work was carried out.

(5)

Seismic work authorised to be done under this section may include the demolition of a building or part of a building.

Compare: 1991 No 150 s 65(4), (5)

133AT Alterations to buildings subject to EPB notice

(1)

This section applies instead of section 112 in relation to an application for a building consent for the alteration of a building or a part of a building that is subject to an EPB notice.

(2)

A building consent authority must not grant a building consent for the alteration of the building or part unless the building consent authority is satisfied that,—

(a)

after the alteration, the building will comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—

(i)

means of escape from fire; and

(ii)

access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and

(b)

after the alteration, the building will,—

(i)

if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or

(ii)

if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply; and

(c)

in the case of a substantial alteration, the alteration includes the necessary seismic work. An alteration of a building is a substantial alteration if the territorial authority is satisfied that the alteration meets criteria prescribed under section 401C(c).

(3)

Despite subsection (2)(a), a territorial authority may, by written notice to the owner of the building or part, specify 1 or more of the provisions of the building code referred to in subsection (2)(a) and allow the alteration of the building or part without the building complying with the specified provisions if the territorial authority is satisfied that—

(a)

the alteration includes the necessary seismic work; and

(b)

if the building were required to comply with the specified provisions, it would be unduly onerous for the owner in the circumstances; and

(c)

the permitted non-compliance with the specified provisions is no more than is reasonably necessary in the light of the objective of ensuring that the building or part is no longer earthquake prone; and

(d)

after the alteration, the building will continue to comply with the specified provisions, and other provisions of the building code, to at least the same extent as it complied with those provisions immediately before the building work began.

(4)

When making the assessments required by subsection (3)(b) and (c), the territorial authority must take into account the matters (if any) prescribed under section 401C(d).

Offences

133AU Offences in relation to earthquake-prone buildings
Failure to complete seismic work

(1)

The owner of a building or a part of a building that is subject to an EPB notice who fails to complete seismic work on the building or part by the deadline that applies under section 133AM—

(a)

commits an offence; and

(b)

is liable on conviction to a fine not exceeding $200,000.

Failures relating to EPB notices and EPB exemption notices

(2)

A person commits an offence if—

(a)

a territorial authority requires the person to attach an EPB notice or an EPB exemption notice on or adjacent to a building under section 133AP; and

(b)

the person—

(i)

fails to attach the notice in accordance with that section; or

(ii)

attaches the notice otherwise than in accordance with that section.

(3)

A person commits an offence if—

(a)

the person is required under section 133AP(2)(a) to notify the territorial authority when an EPB notice or an EPB exemption notice ceases to be attached on or adjacent to a building or becomes illegible; and

(b)

the person fails to notify the territorial authority in accordance with that section.

(4)

A person who commits an offence under subsection (2) or (3) is liable on conviction to a fine not exceeding $20,000.

Failure to comply with safety requirements

(5)

A person who fails to comply with section 133AR(4) commits an offence and is liable on conviction—

(a)

to a fine not exceeding $200,000; and

(b)

in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues.

Methodology for identifying earthquake-prone buildings (EPB methodology)

133AV Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)

(1)

The chief executive must set a methodology for identifying earthquake-prone buildings (the EPB methodology) that specifies how territorial authorities are to—

(a)

identify the buildings or parts of buildings in their district that are potentially earthquake prone; and

(b)

determine whether a potentially earthquake-prone building or part of a building is earthquake prone and, if it is, its earthquake rating.

(2)

The methodology—

(a)

may specify buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and

(b)

may specify a method for identifying buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and

(c)

must specify the requirements for an engineering assessment of a building or a part of a building; and

(d)

must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building or a part of a building is earthquake prone or potentially earthquake prone.

(3)

The chief executive must set the methodology no later than 1 month after the commencement of this section.

(4)

The methodology may incorporate material by reference in accordance with sections 405 to 413.

(5)

The chief executive may amend or replace the methodology at any time.

(6)

If the chief executive amends or replaces the methodology, sections 133AW and 133AX apply in respect of the amendment or replacement with any necessary modifications.

133AW Consultation requirements for setting EPB methodology

(1)

Before setting the EPB methodology, the chief executive must do everything reasonably practicable on his or her part to consult territorial authorities and any other persons or organisations that appear to the chief executive to be representative of the interests of persons likely to be substantially affected by the setting of the methodology.

(2)

The process for consultation should, to the extent practicable in the circumstances, include—

(a)

giving adequate and appropriate notice of the intention to set the methodology; and

(b)

giving a reasonable opportunity for territorial authorities and other interested persons to make submissions; and

(c)

giving adequate and appropriate consideration to submissions.

(3)

A failure to comply with this section does not affect the validity of the methodology.

133AX Notification and availability of EPB methodology

(1)

As soon as practicable after the chief executive has set the EPB methodology, the chief executive must—

(a)

notify territorial authorities that the methodology has been set; and

(b)

publicly notify that the methodology has been set; and

(c)

make the methodology available on the Internet in a form that is publicly accessible at all reasonable times; and

(d)

make the methodology available in printed form for purchase on request by members of the public.

(2)

The methodology is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Miscellaneous

133AY What territorial authority must do if definition of ultimate capacity or moderate earthquake amended

(1)

This section applies if the definition of ultimate capacity or moderate earthquake, as set out in regulations made for the purpose of section 133AB (meaning of earthquake-prone building), is amended or replaced.

(2)

As soon as is reasonably practicable after the definition is amended or replaced, a territorial authority—

(a)

must consider whether any decision that it has made under this subpart should be reassessed in the light of the changes to the definition; and

(b)

may remake the decision.

(3)

Section 133AQ(3) and (4) applies if a decision is remade under this section.