Building (Earthquake-prone Buildings) Amendment Act 2016

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Coat of Arms of New Zealand

Building (Earthquake-prone Buildings) Amendment Act 2016

Public Act
 
2016 No 22
Date of assent
 
13 May 2016
Commencement
 
see section 2

Contents

1Title
2Commencement
Part 1
Amendments to principal Act
3Principal Act
4Section 4 amended (Principles to be applied in performing functions or duties, or exercising powers, under this Act)
5New section 5A and cross-heading inserted
Transitional, savings, and related provisions
5ATransitional, savings, and related provisions
6Section 7 amended (Interpretation)
7Section 11 amended (Role of chief executive)
8Section 45 amended (How to apply for building consent)
9Section 85 amended (Offences relating to carrying out or supervising restricted building work)
10Section 95 amended (Issue of code compliance certificate)
11Section 112 amended (Alterations to existing buildings)
12Subpart 6 heading in Part 2 amended
13Cross-heading above section 121 replaced
Interpretation and application
14Section 122 repealed (Meaning of earthquake-prone building)
15New section 123A inserted (Application of this subpart to parts of buildings)
123AApplication of this subpart to parts of buildings
16Cross-heading above section 124 amended
17Section 124 amended (Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority)
18Section 125 amended (Requirements for notice requiring building work or restricting entry)
19Section 128 amended (Prohibition on using dangerous, affected, earthquake-prone, or insanitary building)
20Section 128A amended (Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings)
21Section 129 amended (Measures to avoid immediate danger or to fix insanitary conditions)
22Cross-heading above section 131 amended
23Section 131 amended (Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings)
24New subpart 6A of Part 2 inserted
Subpart 6A—Special provisions for earthquake-prone buildings
Application and interpretation
133AABuildings to which this subpart applies
133ABMeaning of earthquake-prone building
133ACMeaning of earthquake rating
133ADMeaning of low, medium, and high seismic risk
133AEMeaning of priority building
133AFRole of territorial authority in identifying certain priority buildings
Identifying earthquake-prone buildings
133AGTerritorial authority must identify potentially earthquake-prone buildings
133AHTerritorial authority must request engineering assessment of potentially earthquake-prone buildings
133AIObligations of owners on receiving request for engineering assessment
133AJOwners may apply for extension of time to provide engineering assessment
133AKTerritorial authority must determine whether building is earthquake prone
Remediation of earthquake-prone buildings
133ALTerritorial authority must issue EPB notice for earthquake-prone buildings
133AMDeadline for completing seismic work
133ANOwner may apply for exemption from requirement to carry out seismic work
133AOOwners of certain heritage buildings may apply for extension of time to complete seismic work
133APEPB notices and EPB exemption notices to be attached to earthquake-prone buildings
133AQTerritorial authority may assess information relating to earthquake-prone building status at any time
Powers of territorial authorities in respect of earthquake-prone buildings
133ARTerritorial authority may impose safety requirements
133ASTerritorial authority may carry out seismic work
133ATAlterations to buildings subject to EPB notice
Offences
133AUOffences in relation to earthquake-prone buildings
Methodology for identifying earthquake-prone buildings (EPB methodology)
133AVChief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)
133AWConsultation requirements for setting EPB methodology
133AXNotification and availability of EPB methodology
Miscellaneous
133AYWhat territorial authority must do if definition of ultimate capacity or moderate earthquake amended
25Section 154 amended (Powers of regional authorities in respect of dangerous dams)
26Section 155 amended (Requirements for notice given under section 154)
27New section 169A inserted (Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings))
169AChief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings)
28Section 175 amended (Chief executive may publish guidance information)
29Section 177 amended (Application for determination)
30Section 181 amended (Chief executive may make determination on own initiative)
31Section 216 amended (Territorial authority must keep information about buildings)
32Section 218 amended (Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive’s function under section 169)
33Section 222 amended (Inspections by territorial authority)
34Section 273 amended (Chief executive must keep registers)
35Section 274 amended (Purpose of registers)
36New sections 275A and 275B inserted
275AContent of EPB register
275BModification of chief executive’s obligation to make EPB register available for public inspection
37Section 381 amended (District Court may grant injunctions for certain continuing breaches)
38New section 401C inserted (Regulations: earthquake-prone buildings)
401CRegulations: earthquake-prone buildings
39Section 402 amended (Regulations: general)
40Section 405 amended (Incorporation of material by reference into regulations, certain Orders in Council, acceptable solutions, and verification methods)
41New Schedule 1AA inserted
42Consequential amendments to Building Amendment Act 2012
43Consequential amendments to Fire Safety and Evacuation of Buildings Regulations 2006
Part 2
Amendment to Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005
44Principal regulations
45Regulation 7 replaced (Earthquake-prone buildings: moderate earthquake defined)
7Earthquake-prone buildings: moderate earthquake defined
Schedule
New Schedule 1AA inserted
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: