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Building (Earthquake-prone Buildings) Amendment Act 2016
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Building (Earthquake-prone Buildings) Amendment Act 2016
Public Act
2016 No 22
Date of assent
13 May 2016
Commencement
see section 2
Contents
1
Title
2
Commencement
Part 1
Amendments to principal Act
3
Principal Act
4
Section 4 amended (Principles to be applied in performing functions or duties, or exercising powers, under this Act)
5
New section 5A and cross-heading inserted
Transitional, savings, and related provisions
5A
Transitional, savings, and related provisions
6
Section 7 amended (Interpretation)
7
Section 11 amended (Role of chief executive)
8
Section 45 amended (How to apply for building consent)
9
Section 85 amended (Offences relating to carrying out or supervising restricted building work)
10
Section 95 amended (Issue of code compliance certificate)
11
Section 112 amended (Alterations to existing buildings)
12
Subpart 6 heading in Part 2 amended
13
Cross-heading above section 121 replaced
Interpretation and application
14
Section 122 repealed (Meaning of earthquake-prone building)
15
New section 123A inserted (Application of this subpart to parts of buildings)
123A
Application of this subpart to parts of buildings
16
Cross-heading above section 124 amended
17
Section 124 amended (Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority)
18
Section 125 amended (Requirements for notice requiring building work or restricting entry)
19
Section 128 amended (Prohibition on using dangerous, affected, earthquake-prone, or insanitary building)
20
Section 128A amended (Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings)
21
Section 129 amended (Measures to avoid immediate danger or to fix insanitary conditions)
22
Cross-heading above section 131 amended
23
Section 131 amended (Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings)
24
New subpart 6A of Part 2 inserted
Subpart 6A—Special provisions for earthquake-prone buildings
Application and interpretation
133AA
Buildings to which this subpart applies
133AB
Meaning of earthquake-prone building
133AC
Meaning of earthquake rating
133AD
Meaning of low, medium, and high seismic risk
133AE
Meaning of priority building
133AF
Role of territorial authority in identifying certain priority buildings
Identifying earthquake-prone buildings
133AG
Territorial authority must identify potentially earthquake-prone buildings
133AH
Territorial authority must request engineering assessment of potentially earthquake-prone buildings
133AI
Obligations of owners on receiving request for engineering assessment
133AJ
Owners may apply for extension of time to provide engineering assessment
133AK
Territorial authority must determine whether building is earthquake prone
Remediation of earthquake-prone buildings
133AL
Territorial authority must issue EPB notice for earthquake-prone buildings
133AM
Deadline for completing seismic work
133AN
Owner may apply for exemption from requirement to carry out seismic work
133AO
Owners of certain heritage buildings may apply for extension of time to complete seismic work
133AP
EPB notices and EPB exemption notices to be attached to earthquake-prone buildings
133AQ
Territorial authority may assess information relating to earthquake-prone building status at any time
Powers of territorial authorities in respect of earthquake-prone buildings
133AR
Territorial authority may impose safety requirements
133AS
Territorial authority may carry out seismic work
133AT
Alterations to buildings subject to EPB notice
Offences
133AU
Offences in relation to earthquake-prone buildings
Methodology for identifying earthquake-prone buildings (EPB methodology)
133AV
Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)
133AW
Consultation requirements for setting EPB methodology
133AX
Notification and availability of EPB methodology
Miscellaneous
133AY
What territorial authority must do if definition of ultimate capacity or moderate earthquake amended
25
Section 154 amended (Powers of regional authorities in respect of dangerous dams)
26
Section 155 amended (Requirements for notice given under section 154)
27
New section 169A inserted (Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings))
169A
Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings)
28
Section 175 amended (Chief executive may publish guidance information)
29
Section 177 amended (Application for determination)
30
Section 181 amended (Chief executive may make determination on own initiative)
31
Section 216 amended (Territorial authority must keep information about buildings)
32
Section 218 amended (Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive’s function under section 169)
33
Section 222 amended (Inspections by territorial authority)
34
Section 273 amended (Chief executive must keep registers)
35
Section 274 amended (Purpose of registers)
36
New sections 275A and 275B inserted
275A
Content of EPB register
275B
Modification of chief executive’s obligation to make EPB register available for public inspection
37
Section 381 amended (District Court may grant injunctions for certain continuing breaches)
38
New section 401C inserted (Regulations: earthquake-prone buildings)
401C
Regulations: earthquake-prone buildings
39
Section 402 amended (Regulations: general)
40
Section 405 amended (Incorporation of material by reference into regulations, certain Orders in Council, acceptable solutions, and verification methods)
41
New Schedule 1AA inserted
42
Consequential amendments to Building Amendment Act 2012
43
Consequential 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
44
Principal regulations
45
Regulation 7 replaced (Earthquake-prone buildings: moderate earthquake defined)
7
Earthquake-prone buildings: moderate earthquake defined
Schedule
New Schedule 1AA inserted
Legislative history
Administrative information
The Parliament of New Zealand enacts as follows: