Subpart 6—Special provisions for dangerous, affected, and insanitary buildings

Subpart 6 heading: amended, on 1 July 2017, by section 12 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Interpretation and application

Heading: replaced, on 1 July 2017, by section 13 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

121 Meaning of dangerous building

(1)

A building is dangerous for the purposes of this Act if,—

(a)

in the ordinary course of events (excluding the occurrence of an earthquake), the building is likely to cause—

(i)

injury or death (whether by collapse or otherwise) to any persons in it or to persons on other property; or

(ii)

damage to other property; or

(b)

in the event of fire, injury or death to any persons in the building or to persons on other property is likely.

(2)

For the purpose of determining whether a building is dangerous in terms of subsection (1)(b), a territorial authority—

(a)

may seek advice from employees, volunteers, and contractors of Fire and Emergency New Zealand who have been notified to the territorial authority by the board of Fire and Emergency New Zealand as being competent to give advice; and

(b)

if the advice is sought, must have due regard to the advice.

Compare: 1991 No 150 s 64(1), (2), (3)

Section 121(1)(b): amended, on 13 March 2012, by section 51 of the Building Amendment Act 2012 (2012 No 23).

Section 121(2)(a): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).