Canterbury Earthquake (Building Act) Order 2010

  • expired
  • Canterbury Earthquake (Building Act) Order 2010: expired, on 17 September 2011, by clause 3.

Reprint
as at 17 September 2011

Coat of Arms of New Zealand

Canterbury Earthquake (Building Act) Order 2010

(SR 2010/315)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 16th day of September 2010

Present:
His Excellency the Governor-General in Council

  • Canterbury Earthquake (Building Act) Order 2010: expired, on 17 September 2011, by clause 3.

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Department of Building and Housing.

Pursuant to section 6 of the Canterbury Earthquake Response and Recovery Act 2010, His Excellency the Governor-General makes the following order acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the relevant Minister made in accordance with section 6(2) of that Act.

Order

1 Title

  • This order is the Canterbury Earthquake (Building Act) Order 2010.

2 Commencement

  • This order comes into force on 16 September 2010.

3 Expiry

  • This order expires on the close of 16 September 2011.

4 Interpretation and application

  • (1) In this order, unless the context otherwise requires—

    Act means the Building Act 2004

    moderate earthquake has the meaning given to it by regulation 7 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005

    territorial authority means a district of a territorial authority to which this order applies under clause 5.

    (2) Any term or expression that is not defined in this order, but defined in the Act or the Canterbury Earthquake Response and Recovery Act 2010, has the meaning given to it by that Act.

    (3) The modifications or extensions to the Act made by this order do not affect the text of the Act but require it to be read as if it had been amended in the manner indicated in this order.

5 Territorial authorities to which this order applies

  • This order applies only to districts of the following territorial authorities:

    • (a) Christchurch City Council:

    • (b) Selwyn District Council:

    • (c) Waimakariri District Council.

6 Cases where building consent is not required

  • Section 41(1)(e) of the Act is extended by adding “, including under any provision of this Act as exempted, modified, or extended by the Canterbury Earthquake (Building Act) Order 2010”.

7 Modification of meaning of dangerous building and extent to which territorial authority can apply modified provision

  • (1) Section 121(1) of the Act is modified by adding “; or” and also by adding the following paragraphs:

    • “(c) there is a risk that the building could collapse or otherwise cause injury or death to any person in the building as a result of an earthquake that generates shaking that is less than a moderate earthquake; or

    • “(d) there is a risk that other property could collapse or otherwise cause injury or death to any person in the building; or

    • “(e) a territorial authority has not been able to undertake an inspection to determine whether—

      • “(i) the building is dangerous under paragraph (a); and

      • “(ii) the territorial authority or the chief executive, as the case may be, is required to exercise powers under section 124 or 129 as modified by this order.”

    (2) Section 121(1)(c) of the Act as modified by this clause applies only for the purposes of a territorial authority exercising its powers under section 124(1)(a), (b), (c), or (d) as modified by clause 9.

    (3) Section 121(1)(d) or (e) of the Act as modified by this clause applies only for the purposes of a territorial authority exercising its powers under section 124(1)(a), (b), or (d) as modified by clause 9.

8 Notices under section 124 of Act

  • (1) In this clause,—

    red card means a card—

    • (a) of the kind described in the New Zealand Society for Earthquake Engineering Building Safety Evaluation Guidelines; and

    • (b) that was issued under Part 5 of the Civil Defence Emergency Management Act 2002 in relation to the Canterbury earthquake

    yellow card means a card—

    • (a) of the kind described in the New Zealand Society for Earthquake Engineering Building Safety Evaluation Guidelines; and

    • (b) that was issued under Part 5 of the Civil Defence Emergency Management Act 2002 in relation to the Canterbury earthquake.

    (2) A red card is deemed to be a notice issued under section 124(1)(b) of the Act that warns people not to approach the building.

    (3) A yellow card is deemed to be a notice issued under section 124(1)(d) of the Act as modified by clause 9.

    (4) Any restrictions on use that are described on a yellow card are deemed to be requirements of a notice issued under section 124(1)(d) of the Act as modified by clause 9.

9 Modification of powers of territorial authorities in respect of dangerous, earthquake-prone, or insanitary buildings under section 124 of Act

  • (1) Section 124(1) of the Act is modified by replacing paragraph (c) with the following provisions:

    • “(c) give written notice—

      • “(i) requiring work to be carried out on the building to reduce or remove the danger or prevent the building from remaining insanitary; and

      • “(ii) requiring the work to be carried out within a time stated in the notice (which must not be less than 5 days after the notice is given under section 125); and

      • “(iii) advising the owner of the building that if the work is not carried out within the time stated in the notice,—

        • “(A) a territorial authority may carry out the work required under the notice; and

        • “(B) the owner of the building will be liable for the costs of the work carried out by the territorial authority unless the owner applies, within 5 days of the work being carried out, to a District Court for relief from the obligation to pay the territorial authority’s costs:

    • “(d) issue a notice restricting entry to a building for particular purposes or restricting entry to particular persons or groups of persons.”

    (2) A notice issued under section 124(1)(b) of the Act or section 124(1)(d) of the Act as modified by this clause—

    • (a) may be issued for a maximum period of 60 days; and

    • (b) may be renewed.

    (3) A notice issued under section 124(1)(c) of the Act as modified by this clause may be issued for such period that a territorial authority thinks fit.

10 Modification of requirements for notice given under section 124 of Act

  • Section 125(1) of the Act is modified by replacing paragraph (b) with the following paragraphs:

    • “(b) state whether the owner of the building must obtain a building consent in order to carry out the work required by the notice; and

    • “(c) if the owner is not required by the territorial authority to obtain a building consent, state—

      • “(i) the conditions (if any) in respect of the work required by the notice; and

      • “(ii) that the work must be carried out in accordance with the guidelines (if any) issued by the territorial authority on how building work to reduce or remove the danger or to demolish buildings should be carried out in accordance with the building code.”

11 Modification of section 126 of Act

  • Section 126 of the Act is modified by adding the following subsections:

    • “(4) Subsections (1) to (3) do not apply to a territorial authority that has issued a notice under section 124(1)(c) as modified by the Canterbury Earthquake (Building Act) Order 2010.

    • “(5) If a territorial authority has issued a notice under section 124(1)(c) as modified by the Canterbury Earthquake (Building Act) Order 2010 and the work required under the notice has not been carried out within the time stated in the notice, the territorial authority may carry out the work required under the notice.

    • “(6) The owner of a building is liable for the costs of the work carried out by the territorial authority unless the owner—

      • “(a) applies to a District Court, within 5 days of the work being carried out by the territorial authority, for relief from the obligation to pay the territorial authority’s costs; and

      • “(b) the application to the District Court is successful.

    • “(7) If the owner is liable for the costs of the work carried out by the territorial authority, the territorial authority may recover its costs from the owner, and the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.”

12 Building work includes demolition of building

  • The reference in section 127 of the Act to section 126 is modified to mean section 126 or 129 as each of those provisions are modified by this order.

13 Prohibition on using dangerous, earthquake-prone, or insanitary building under section 128 of Act

  • Section 128 of the Act is extended so that it applies to any person who fails to comply with section 124(1)(d) of the Act as modified by this order.

14 Modification of owner liability for costs of work under section 129 of Act

  • (1) Section 129(3) of the Act is modified by replacing “If the territorial authority takes action under subsection (2)” with “If the territorial authority takes action under subsection (2) and either of the events described in subsection (3A) has occurred”.

    (2) Section 129 is modified by inserting the following subsection after subsection (3):

    • “(3A) The events are—

      • “(a) the owner of the building has failed to apply to a District Court, within 5 days of the work being carried out, for an order that the owner is not liable for the costs of the territorial authority exercising its powers under this section:

      • “(b) the owner's application to a District Court for an order that the owner is not liable for the costs of the territorial authority exercising its powers under this section is unsuccessful.”

15 Extension of provision protecting territorial authority from liability under section 129 of Act

  • Section 129(4) of the Act is extended by adding “or any liability arising from any work that the territorial authority has, in good faith, carried out under section 126 as modified by the Canterbury Earthquake (Building Act) Order 2010”.

16 Exemption from requirement to apply under section 130 to District Court for confirmation of warrant

  • A territorial authority is exempted from the requirement in section 130 of the Act to apply to the District Court for confirmation of a warrant issued under section 129(2) of the Act.

17 Extension of purpose of section 204 of Act

  • The purpose of section 204 of the Act as set out in section 204(1) is extended by adding “; and” and also by adding the following paragraph:

    • “(d) monitor earthquake-affected buildings.”

18 Definition of authorised officer extended

  • The definition of authorised officer in section 222(4) of the Act is extended so that an authorised officer includes any person accompanying the authorised officer.

19 Modifications to Schedule 1 of Act

  • (1) Schedule 1 of the Act is modified so that the provisions in paragraph (a)(iv) relating to water storage heaters are disapplied.

    (2) Schedule 1 of the Act is extended by inserting the following paragraph after paragraph (a):

    • “(aab) the replacement or repositioning of water heaters carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 2006, except for systems that—

      • “(i) are not open-vented; or

      • “(ii) have an uncontrolled heat source; or

      • “(iii) have a controlled heat source other than gas or electricity:”.

    (3) [Revoked]

    (4) [Revoked]

    (5) [Revoked]

    (6) [Revoked]

    (7) In the event of any inconsistency between this clause and any provision of Schedule 1 of the Act, this clause prevails.

    Clause 19(3): revoked, on 23 December 2010, by clause 4 of the Canterbury Earthquake (Building Act) Amendment Order 2010 (SR 2010/466).

    Clause 19(4): revoked, on 23 December 2010, by clause 4 of the Canterbury Earthquake (Building Act) Amendment Order 2010 (SR 2010/466).

    Clause 19(5): revoked, on 23 December 2010, by clause 4 of the Canterbury Earthquake (Building Act) Amendment Order 2010 (SR 2010/466).

    Clause 19(6): revoked, on 23 December 2010, by clause 4 of the Canterbury Earthquake (Building Act) Amendment Order 2010 (SR 2010/466).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 16 September 2010.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Canterbury Earthquake (Building Act) Order 2010. The reprint incorporates all the amendments to the order as at 17 September 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)