Building Act 2004

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Methodology for identifying earthquake-prone buildings (EPB methodology)

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

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.

(7)

As soon as practicable after the chief executive has set the EPB methodology, the chief executive must notify territorial authorities that the methodology has been set.

(8)

An instrument setting the EPB methodology under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• publicly notify it (see definition in section 7)
• make it available on the Internet in a form that is publicly accessible at all reasonable times
• make it available in printed form for purchase on request by members of the public
• comply with subsection (7)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

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

Section 133AV(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 133AV(8): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).