Building Act 2004

Offences

Heading: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

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,—

(i)

in the case of an individual, to a fine not exceeding $300,000:

(ii)

in the case of a body corporate, to a fine not exceeding $1,500,000.

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,—

(a)

in the case of an individual, to a fine not exceeding $50,000:

(b)

in the case of a body corporate, to a fine not exceeding $150,000.

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.

Section 133AU: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 133AU(1)(b): replaced, on 8 June 2021, by section 37(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

Section 133AU(4): replaced, on 8 June 2021, by section 37(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).