means a risk to—

includes a risk of any kind associated with a building that is insanitary within the meaning of section 123

the land beneath the building; and

any land surrounding the building that is used in connection with the use of the building.

a territorial authority that is responsible for the whole or a part of the affected area may, with the approval of the Minister, designate the whole or any part of the affected area for the purposes of this subpart; or

the Minister may, on the Minister’s own initiative, designate the whole or any part of the affected area for the purposes of this subpart.

in the public interest; and

necessary or desirable for the protection of—

the scale and degree of the impact of the emergency and of its effects on buildings in the relevant area:

the likelihood of a further emergency or any other relevant event occurring that could cause—

the principle that it is preferable that risks be managed, if possible, without the exercise or continued exercise of powers under this subpart.

to designate an area under section 133BC:

to extend a designation under section 133BH:

by the Minister, to approve a proposed designation under section 133BC(2)(a) or approve a proposed extension of a designation under section 133BH(1)(b) or (c)(ii):

to extend, under section 133BP(9) or 133BV(9), the period during which certain powers may be exercised in a designated area:

made after a review under section 133BG.

describe the designated area; and

describe the relevant emergency; and

specify the time at which and the date on which the designation decision was made.

for a designation made under section 133BC(1), while the state of emergency or transition period is in force, the relevant CDEM decision-maker who made the designation:

for a designation made under section 133BC(1), after the state of emergency or transition period ends, the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:

for a designation made under section 133BC(2)(a), the territorial authority that is performing functions and duties and exercising powers under this subpart in relation to the designated area:

for a designation made under section 133BC(2)(b), the Minister.

a designation made under section 133BC(1) while the state of emergency or transition period is in force may be extended by—

a designation made under section 133BC(1) after the state of emergency or transition period ends may, with the Minister’s approval, be extended by the territorial authority that is performing functions or duties or exercising powers under this subpart in relation to the designated area:

a designation made under section 133BC(2)(a) may, if no state of emergency was declared and no transition period was notified after the designation was made, be extended by—

a designation made under section 133BC(2)(a) may, if a state of emergency was declared or a transition period was notified after the designation was made, be extended by—

a designation made under section 133BC(2)(b) may, if no state of emergency was declared and no transition period was notified after the designation was made, be extended by the Minister:

a designation made under section 133BC(2)(b) may, if a state of emergency was declared or a transition period was notified after the designation was made, be extended by—

must be for no more than 3 years:

may relate to the whole or a part of the designated area:

may be made once only.

notify the extension in accordance with section 133BE (and that section applies to the notification as if a reference in that section to a designation were a reference to the extension); and

include in the notice the time and date to which the designation is extended.

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

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

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

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

relate to any or all powers under sections 133BP to 133BW and 133BZ; and

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

the power under section 133BP (post-event assessments) may be exercised,—

the power under section 133BQ (evacuation) may be exercised,—

the power under section 133BR (measures to keep people at safe distance and protect building) or section 133BS (notices and signs on buildings) may be exercised,—

the power under section 133BT (owner directed to give information) or section 133BZ(3)(a) (bring forward due date for provision of assessment or information) may be exercised,—

the power under section 133BU (urgent works to remove or reduce risks), section 133BV (works to remove or reduce other risks), or section 133BW (works for long-term use or occupation of building), section 133BW (works for long-term use or occupation of building), or section 133BZ(3)(b) (bring forward deadline for completing seismic work) may be exercised,—

a responsible person who is a Group Controller must comply with section 28(4) of the CDEM Act:

a responsible person who is a Local Controller must comply with section 27(2) of the CDEM Act:

a responsible person who is a Group Recovery Manager must comply with section 30A(5) of the CDEM Act:

a responsible person who is a Local Recovery Manager must comply with section 30(2) of the CDEM Act.

a state of emergency or transition period is in force for a part of the period during which a designation of an area under section 133BC is in force; and

the responsible person—

the paramount consideration in the exercise of those powers is the protection of human life and safety:

actions taken should be proportionate to the risks being managed:

actions should result in minimal restriction of the ability of an owner or occupier to continue to use and occupy property and any restriction of that ability should be for no longer than is reasonably necessary:

decisions should be based on—

section 133BR (measures to keep people at safe distance and protect building); or

section 133BS (notices and signs on buildings); or

section 133BU (urgent works to remove or reduce risks); or

section 133BV (works to remove or reduce other risks); or

section 133BW (works for long-term use or occupation of building).

carry proof of identity; and

on request by the owner or occupier (including a request made at a later time),—

in accordance with the methodology (if any) approved by the chief executive; and

in writing and in the form (if any) approved by the chief executive.

enter a simple-unit residential building or a household unit within a simple-unit residential building only—

enter any other building, any land on which any building (including land under or around a simple-unit residential building) is situated, or any other land in the designated area, at any time after taking any steps that the responsible person considers reasonable in the circumstances to obtain the occupier’s consent to entry.

may use any means that are reasonable in the circumstances; and

must take all reasonable steps to ensure that minimal damage is caused to the building.

told the occupier the reason for the proposed entry; and

produced evidence of the person’s identity and authority to enter for inspection; and

told the occupier that the occupier may consent, or refuse to consent, to the entry.

the responsible person’s identity; and

the date and time of entry; and

the purpose of the entry.

with the occupier’s consent to entry; or

in accordance with a warrant issued under this section.

by—

by up to 3 months:

once only.

commits an offence; and

is liable on conviction,—

to keep people at a safe distance from a building in a designated area; or

to protect a building in the designated area from being damaged.

the installation of a hoarding or fence to prevent people from approaching the building; and

measures that prevent or limit public access, with or without vehicles, to any road or other public place near the building; and

measures intended to prevent the building or debris from the building harming people (for example, by the collapse of a roof or wall); and

measures that allow limited access for a purpose that the responsible person considers appropriate.

the owner of the building is liable for the costs of continuing to take the measures after that period; and

the responsible person may recover those costs from the owner; and

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

commits an offence; and

is liable on conviction,—

commits an offence; and

is liable on conviction,—

the responsible person believes that it is reasonably necessary to remove or reduce risks of injury or death; or

an evacuation of the building has been directed under section 133BQ.

be in writing and in the form (if any) approved by the chief executive; and

state—

be visible to people approaching the building.

intentionally occupy or use a building otherwise than in accordance with a sign or notice placed under subsection (1); or

permit another person to do so.

commits an offence; and

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

commits an offence; and

is liable on conviction,—

commits an offence; and

is liable on conviction,—

prohibits the use of a building; or

restricts the use of a building, or informs members of the public of the risks posed by the building, in a way that is consistent with any sign or notice placed under this section.

the risks posed by the building and whether to exercise further powers under this subpart in relation to the building; or

what works, if any, are needed to remove or reduce the risks.

be in writing, in the form (if any) approved by the chief executive; and

describe the information required, which may include a full structural assessment, a detailed engineering assessment of observed damage, or other technical assessment; and

specify the time and date by which the information must be given (allowing a reasonable time for the conduct of any assessment required); and

specify to whom the information must be given.

subject to this section; and

as if, in those provisions,—

with any other necessary modifications.

must be commenced within 10 working days after the appellant receives notice of the direction; and

is limited, in the relief that may be granted, to the reasonable costs of complying with the direction.

commits an offence; and

is liable on conviction,—

are reasonably necessary to remove or reduce risks posed by the building; and

must be carried out without delay in order to remove or reduce those risks.

identified as Category 1 or wāhi tūpuna in the list referred to in paragraph (a)(i) of the definition of heritage building in section 7; or

referred to in paragraph (a)(ii) of that definition.

giving an approval under subsection (2); or

carrying out the works under subsection (1) (if the Minister is the responsible person).

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

the responsible person may recover those costs from the owner; and

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

as if the responsible person’s decision to carry out works under this section were a warrant issued under section 129(2); and

as if a reference in section 129(2) to the territorial authority were a reference to the responsible person; and

with any other necessary modifications.

persons, of injury or death; or

critical infrastructure, of damage or disruption to its operation or use.

a responsible person believes that works in relation to a building in a designated area are reasonably necessary to remove or reduce risks posed by the building; and

section 133BU(1)(b) does not apply; and

there will be ongoing disruption of a public thoroughfare or of the use of another building or of critical infrastructure because the responsible person has—

carry out those works; or

direct the owner of the building to do so.

at least 10 working days before deciding, seek and consider the views of the following persons if it is reasonably practicable to do so:

consider alternative approaches to demolishing the building; and

without limiting section 133BN, take into account the difference between the cost of carrying out the works and the likely impact, on neighbouring homes and businesses, of not carrying out the works.

be in writing, in the form (if any) approved by the chief executive; and

be given to the owner of the building, if practicable; and

describe the intended outcome of the directed works; and

state why the works are required; and

specify when the works must be completed; and

state that, if the works are carried out without a building consent, in reliance on section 41(1)(cb), the owner must apply for a certificate of acceptance after completing the works, in accordance with section 42; and

state that resource consent under the Resource Management Act 1991 is not required for the works (see section 133BX).

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

the responsible person may recover those costs from the owner; and

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

by—

by up to 3 months:

once only.

commits an offence; and

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

a responsible person believes that works in relation to a building are reasonably necessary to remove or reduce risks posed by the building; and

sections 133BU(1)(b) and 133BV(1)(c) do not apply; and

the responsible person believes that the works are reasonably necessary to make the building safe, sanitary, and otherwise suitable to be used or occupied by people on a long-term basis.

be in writing, in the form (if any) approved by the chief executive; and

be given to the owner of the building, if practicable; and

describe the intended outcome of the directed works; and

state why the works are required; and

specify when the works must be completed; and

state whether a building consent is required for the works.

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

the responsible person may recover those costs from the owner; and

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

the building may be used or occupied or continue to be used or occupied; but

the territorial authority that is responsible for the land on which the building is situated must include in a land information memorandum issued under section 44A of the Local Government Official Information and Meetings Act 1987 information concerning the direction and the failure to carry out the directed works.

commits an offence; and

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

holds in relation to the performance of functions or duties or the exercise of powers under this subpart; and

considers may assist the proposed recipient of the information in the recipient’s performance of functions or duties or exercise of powers.

subpart 6 continues to apply in accordance with section 123B; and

this subpart applies to the building and prevails in the event of any inconsistency in the operation of the provisions of the 2 subparts.

both subpart 6A and this subpart apply to that building; and

this subpart prevails in the event of any inconsistency in the operation of the provisions of the 2 subparts.

a due date (including a due date that has been extended), for the provision of any assessment or information under subpart 6A, if the responsible person believes that the imposition of the earlier due date is reasonably necessary to enable the person to determine the matters referred to in section 133BT(1); or

a deadline for completing seismic work under section 133AM (including a deadline that has been extended), if the responsible person believes that the imposition of the earlier deadline is reasonably necessary to remove or reduce risks of injury or death posed by the building.

sections 153 to 162 continue to apply in accordance with section 153AA; and

this subpart applies to the dam and prevails in the event of any inconsistency in the operation of this subpart and sections 153 to 162.