Building (Earthquake-prone Buildings) Amendment Act 2026
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Building (Earthquake-prone Buildings) Amendment Act 2026
Public Act |
2026 No 68 |
|
Date of assent |
25 September 2026 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Building (Earthquake-prone Buildings) Amendment Act 2026.
2 Commencement
(1)
This Act comes into force on 1 July 2027.
(2)
However, section 17 comes into force on the day after Royal assent.
3 Principal Act
This Act amends the Building Act 2004.
Part 1 Amendments to Building Act 2004
4 Section 7 amended (Interpretation)
(1)
In section 7(1), insert in their appropriate alphabetical order:
building within scope has the meaning given to it by section 133AB(3) to (5)
engineering evaluation, in relation to a building, means the evaluation of the building in accordance with the EPB methodology
EPB warning sign means a warning sign issued under section 133AZC
facade risk mitigation means the earthquake-prone building remediation measure described in section 133AD(2)(a)
high seismic zone has the meaning given to it by section 133AE(1)
low seismic zone has the meaning given to it by section 133AE(1)
medium seismic zone has the meaning given to it by section 133AE(1)
medium seismic zone that was previously an area of low seismic risk has the meaning given to it by section 133AE(2)
register-only EPB has the meaning given to it by section 133AZB(4)
remediation, in relation to an earthquake-prone building, has the meaning given to it by section 133AZB(4)
required remediation measure has the meaning given to it by section 133AD(1)
tall building built using heavy materials has the meaning given to it by section 133AB(6)(b)
targeted retrofit means the earthquake-prone building remediation measure described in section 133AD(2)(b)
unreinforced masonry building has the meaning given to it by section 133AB(6)(c) and (d)
(2)
In section 7(1), replace the definition of earthquake-prone building with:
earthquake-prone building has the meaning given to it by section 133AC
(3)
In section 7(1), repeal the definitions of earthquake rating, engineering assessment, high seismic risk, low seismic risk, and medium seismic risk.
(4)
In section 7(1), replace the definition of EPB exemption notice with:
EPB exemption notice means an exemption notice issued under section 133AW
(5)
In section 7(1), replace the definition of EPB methodology with:
EPB methodology means the methodology for identifying, evaluating, and making decisions about earthquake-prone buildings that is set by the chief executive under section 133AZI
(6)
In section 7(1), replace the definition of EPB notice with:
EPB notice means a notice issued under section 133AU
(7)
In section 7(1), definition of priority building, replace “section 133AE”
with “section 133AG”
.
(8)
In section 7(1), replace the definition of seismic work with:
seismic work, in relation to an earthquake-prone building with a required remediation measure,—
(a)
means the building work required to comply with the required remediation measure; and
(b)
may include the demolition of all or part of the building
5 Section 112 amended (Alterations to existing buildings)
In section 112(3), replace “section 133AT”
with “section 133AZG”
.
6 Section 114 amended (Owner must give notice of change of use, extension of life, or subdivision of buildings)
In section 114(1), after “this section”
, insert “, section 114A,”
.
7 New section 114A inserted (No change of use for earthquake-prone building until required remediation is complete)
After section 114, insert:
114A No change of use for earthquake-prone building until required remediation is complete
(1)
This section applies to a building if—
(a)
the building is an earthquake-prone building with a required remediation measure; and
(b)
the building’s seismic work is not complete.
(2)
The owner of the building must not change the use of the building until the building’s seismic work is complete.
8 Section 115 amended (Code compliance requirements: change of use)
In section 115, insert as subsections (2) to (4):
(2)
Subsection (1) is subject to subsections (3) and (4), which apply as follows:
(a)
subsection (3) applies to a building if the building—
(i)
was an earthquake-prone building with a required remediation measure; and
(ii)
ceased to be an earthquake-prone building because the building’s seismic work was completed:
(b)
subsection (4) applies to a building if the building—
(i)
is a register-only EPB; or
(ii)
is a former register-only EPB that ceased to be an earthquake-prone building under section 133AZB(3) because the building’s facade risk mitigation was complete.
Exception for former earthquake-prone buildings that have completed required remediation
(3)
If this subsection applies to a building, the requirements in subsection (1) must, to the extent that they relate to structural performance in relation to earthquakes, be treated as met in relation to an element of the building if that element was remediated as part of the building’s seismic work.
Exception for current and former register-only earthquake-prone buildings
(4)
If this subsection applies to a building, the requirements in subsection (1) do not apply to the extent that they relate to structural performance in relation to earthquakes.
9 Subpart 6A of Part 2 replaced
Replace subpart 6A of Part 2 with:
Subpart 6A—Special provisions for earthquake-prone buildings
133AA Outline
(1)
Sections 133AB to 133AG relate to interpretation and define the key terms used in this subpart.
(2)
Sections 133AH to 133AP set out the procedures to be followed in identifying potentially earthquake-prone and earthquake-prone buildings, and priority buildings.
(3)
Sections 133AQ to 133AT provide for a review of the earthquake status of certain buildings in light of the changes made by the Building (Earthquake-prone Buildings) Amendment Act 2026.
(4)
Sections 133AU to 133AZD provide for the remediation of earthquake-prone buildings.
(5)
Sections 133AZE to 133AZG confer powers on territorial authorities in relation to earthquake-prone buildings.
(6)
Section 133AZH creates offences.
(7)
Sections 133AZI and 133AZJ provide for the issuing of a methodology to be used as a tool for identifying, evaluating, and making decisions about earthquake-prone buildings.
Interpretation
133AB Interpretation: building, building within scope, building type, and urban centre
Meaning of building
(1)
In this subpart, building includes all buildings (within the meaning of sections 8 and 9) except the following:
(a)
a building that is used wholly or mainly for residential purposes (but see subsection (2)):
(b)
a farm building (being a shed or other building that is located on a farm and used primarily for farming activities or an ancillary purpose):
(c)
a stand-alone retaining wall (being a retaining wall that is not integral to the structure of a building):
(d)
a fence:
(e)
a monument (including a statue), unless the monument is capable of being entered by a person:
(f)
a wharf:
(g)
a bridge:
(h)
a tunnel:
(i)
a storage tank:
(j)
a building that is a dam:
(k)
a part of a building that is a dam.
(2)
Despite subsection (1)(a), in this subpart, building includes a building that—
(a)
comprises 2 or more storeys; and
(b)
either—
(i)
is a hostel, boardinghouse, or other specialised accommodation; or
(ii)
contains 3 or more household units.
Meaning of building within scope
(3)
In this subpart, building within scope means a building—
(a)
that is in a medium or high seismic zone; and
(b)
to which either of the following applies:
(i)
it is a tall building built using heavy materials that was designed before 1 January 1976; or
(ii)
it is an unreinforced masonry building.
(4)
For the purposes of section 133AQ (which specifies how buildings that were registered as earthquake-prone buildings immediately before 1 July 2027 must be dealt with), building within scope also includes a building—
(a)
that is in a medium or high seismic zone; and
(b)
to which both of the following apply:
(i)
it is a tall building built using heavy materials that was designed on or after 1 January 1976:
(ii)
it was completed before 1 July 2027.
(5)
Each of the following is also a building within scope:
(a)
a building that is designated as an earthquake-prone building under section 133AJ while it remains designated as an earthquake-prone building:
(b)
a building described in subsection (4)(a) and (b) while its status as an earthquake-prone building is continued under section 133AQ(3)(a).
Building types
(6)
In this subpart,—
(a)
a building is 1, 2, 3, or any other number of storeys high, as the case may be, if it satisfies the requirements specified in the EPB methodology for a building of its type to be considered to be that many storeys high (which may, without limitation, relate to the height of the building in storeys or in metres, or to the height of a component of the building, such as the building’s facade):
(b)
tall building built using heavy materials means a building that—
(i)
is at least 3 storeys high; and
(ii)
includes 1 or more significant elements (for example, a roof or floor) that are built using concrete or other heavy materials (within the meanings given to the terms and concepts used in this subparagraph by the definitions and explanations set out in the EPB methodology); and
(iii)
satisfies the other criteria to be considered a tall building built using heavy materials specified in the EPB methodology (if any):
(c)
unreinforced masonry building means a building to which all of the following apply, subject to paragraph (d):
(i)
it has 1 or more exterior walls that are built of unreinforced masonry (within the meanings given to the terms and concepts used in this subparagraph by the definitions and explanations set out in the EPB methodology):
(ii)
at least 1 of those exterior walls—
(A)
faces onto a public road, footpath, or other thoroughfare, or onto a place where people congregate; and
(B)
satisfies the criteria specified in the EPB methodology to be considered close enough to that road, footpath, thoroughfare, or place to pose a risk to people on or in it if the wall were to collapse in an earthquake:
(iii)
it satisfies the other criteria to be considered an unreinforced masonry building specified in the EPB methodology (if any):
(d)
a building to which only paragraph (c)(i) and (iii) applies is also an unreinforced masonry building if the building is at least 3 storeys high and is located in an urban centre.
(7)
For the purposes of subsection (6)(c)(ii)(A),—
(a)
place where people congregate means a place where people are intended to gather (for example, a bus stop) or where they are otherwise likely to gather on a regular basis; and
(b)
when assessing whether a place is a place where people congregate, a territorial authority must have regard to the considerations, descriptions, and examples specified in the EPB methodology for the purposes of this assessment (if any).
Meaning of urban centre
(8)
For the purposes of this subpart, urban centre—
(a)
means any of the following described in Statistics New Zealand’s Functional urban areas—methodology and classification (2021):
(i)
a metropolitan area’s urban core and secondary urban cores:
(ii)
a large regional centre’s urban core and secondary urban cores:
(iii)
a medium regional centre’s urban core; and
(b)
refers to those areas as they were delineated on 10 February 2021 (when Functional urban areas—methodology and classification (2021) was published).
Compare: 2004 No 72 s 133AA
133AC Meaning of earthquake-prone building
(1)
A building is an earthquake-prone building if the building is—
(a)
evaluated as earthquake prone using the EPB methodology; and
(b)
designated as an earthquake-prone building under section 133AJ(7) or 133AP(3).
(2)
A building is also an earthquake-prone building if—
(a)
its status as an earthquake-prone building is continued under section 133AQ(3)(a) or (8); or
(b)
it is required to be treated as an earthquake-prone building under section 133AP(4).
(3)
Whether a building is earthquake prone is determined by the territorial authority in whose district the building is situated (see sections 133AJ and 133AP).
Compare: 2004 No 72 s 133AB
133AD Required remediation measures
Meaning of required remediation measure
(1)
In this subpart, required remediation measure, in relation to an earthquake-prone building, means the remediation measure that is determined to apply to the building in accordance with subsections (5) to (8) (if any).
(2)
In this section, remediation measure means one of the following:
(a)
facade risk mitigation, which mitigates the risk of injury or death posed by an earthquake causing building elements that are built of, or supported by, unreinforced masonry to fall onto an area outside the building by requiring the building’s owner to carry out seismic work on or in relation to some or all of those elements:
(b)
a targeted retrofit, which mitigates the risk of injury or death posed by an earthquake causing a building to fully or partially collapse by requiring the building’s owner to carry out seismic work on or in relation to some or all of the structural deficiencies of the building that give rise to that risk.
(3)
For the purposes of this subpart,—
(a)
the remediation measures described in subsection (2)(a) and (b) may be further defined and explained in the EPB methodology (including by explaining concepts and defining terms used in that subsection to the extent that they are not already defined in this Act for the purposes of this section); and
(b)
the details of the building work required for the purposes of those remediation measures must be determined using the EPB methodology and may vary from building to building depending on the particular features or characteristics of each building; and
(c)
a building may be determined to have more than 1 required remediation measure under subsections (5) to (8) (for example, a building located outside an urban centre that satisfies the criteria to be considered to be both a tall building built using heavy materials and an unreinforced masonry building).
How earthquake-prone building’s required remediation measure is determined
(4)
Subsections (5) to (8) set out how the required remediation measure for an earthquake-prone building must be determined.
(5)
The required remediation measure for an earthquake-prone building of a type specified in the first column of the table in subsection (8) depends on whether a building is located in an urban centre or outside an urban centre.
(6)
If the building is located in an urban centre, the required remediation measure is specified in the second column of the table.
(7)
If the building is located outside an urban centre, the required remediation measure is specified in the third column of the table.
(8)
The table is as follows:
| EPB type | Remediation measure if in urban centre | Remediation measure if outside urban centre | ||
|---|---|---|---|---|
| Unreinforced masonry building, 1 or 2 storeys high | Facade risk mitigation | No required remediation measure (but see section 133AZB) | ||
| Unreinforced masonry building, 3 or more storeys high | Targeted retrofit | Facade risk mitigation | ||
| Tall building built using heavy materials | Targeted retrofit | Targeted retrofit |
133AE Meaning of low, medium, and high seismic zones
(1)
For the purposes of this subpart, the area in which a building is located is—
(a)
in a low seismic zone if it is in an area marked as no EPB requirements on the map in Schedule 2A; and
(b)
in a medium seismic zone if it is in an area marked as a medium seismic zone on the map in Schedule 2A; and
(c)
in a high seismic zone if it is in an area marked as a high seismic zone on the map in Schedule 2A.
(2)
For the purposes of this subpart, the area in which a building is located is in a medium seismic zone that was previously an area of low seismic risk if,—
(a)
immediately before 1 July 2027, the area was of low seismic risk (within the meaning given in section 133AD as it read then); and
(b)
on 1 July 2027, the area is in a medium seismic zone.
(3)
The seismic zone of an area affects—
(a)
whether a territorial authority must apply the EPB methodology to identify earthquake-prone buildings in the area; and
(b)
the time frame within which a territorial authority must—
(i)
apply the EPB methodology to identify buildings in the area that are potentially earthquake prone (see section 133AI); and
(ii)
report to the chief executive on its progress towards that objective; and
(c)
the deadline for completing seismic work on earthquake-prone buildings in the area (see section 133AV).
Compare: 2004 No 72 s 133AD
133AF Chief executive must publish and maintain digital version of map in Schedule 2A
(1)
The chief executive must publish and maintain, on an Internet site maintained by or on behalf of the chief executive, a digital version of the map in Schedule 2A.
(2)
The digital version of the map must—
(a)
show the boundaries of each urban centre; and
(b)
be capable of being enlarged to a sufficient extent to indicate, in relation to an individual property,—
(i)
which seismic zone the property is located in; and
(ii)
whether the property is located in or outside an urban centre.
133AG Meaning of priority building
(1)
In this subpart, priority building means any of the following buildings that are located in a medium seismic zone (other than a medium seismic zone that was previously an area of low seismic risk) or a high seismic zone:
(a)
an unreinforced masonry building, part of which could—
(i)
fall from the building in an earthquake (for example, a parapet, an external wall, or a veranda); and
(ii)
fall onto any part of a public road, footpath, or other thoroughfare that a territorial authority has identified under section 133AH(3)(a):
(b)
a building that a territorial authority has identified under section 133AH(3)(b) as having the potential to impede a transport route of strategic importance (in terms of an emergency response) if the building were to collapse in an earthquake.
(2)
Whether a building is a priority building affects—
(a)
the deadline by which a territorial authority must identify whether the building is earthquake prone (see sections 133AI and 133AJ); and
(b)
the deadline for completing seismic work on the building if it is an earthquake-prone building (see section 133AV).
Compare: 2004 No 72 s 133AE
Identifying priority buildings
133AH Role of territorial authority in identifying priority buildings
(1)
This section applies to a territorial authority whose district includes any area that is in a medium or high seismic zone during the applicable time frame for identifying priority buildings that are potentially earthquake prone in those areas.
(2)
However, this section does not apply in respect of an area that is in a medium seismic zone that was previously an area of low seismic risk (where territorial authorities are not required to identify priority buildings).
(3)
The territorial authority,—
(a)
for the purposes of section 133AG(1)(a) (prioritising unreinforced masonry buildings in a medium or high seismic zone), must use the special consultative procedure in section 83 of the Local Government Act 2002 to identify any part of a public road, footpath, or other thoroughfare that is in a medium or high seismic zone and—
(i)
onto which parts of an unreinforced masonry building could fall in an earthquake; and
(ii)
that has sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of the unreinforced masonry buildings referred to in subparagraph (i); and
(b)
for the purposes of section 133AG(1)(b) (prioritising a building in a medium or high seismic zone that could impede a strategic transport route),—
(i)
may, in its discretion, initiate the special consultative procedure in section 83 of the Local Government Act 2002 to identify buildings for that purpose; but
(ii)
must not identify buildings for that purpose other than in accordance with the special consultative procedure.
(4)
However, a territorial authority is not required to act under subsection (3)(a) if there is no reasonable prospect of any thoroughfare in its district satisfying the criteria set out in subsection (3)(a)(i) and (ii).
(5)
If subsection (3)(a) or (b) applies, the territorial authority must use the special consultative procedure within a time frame that enables it to meet the applicable time frame for identifying priority buildings in its district that are potentially earthquake prone.
Compare: 2004 No 72 s 133AF
Identifying potentially earthquake-prone buildings during applicable time frame
133AI Territorial authority must identify potentially earthquake-prone buildings within applicable time frame
(1)
This section applies to a territorial authority in respect of any building in its district that is a building within scope (within the meaning of section 133AB(3)).
(2)
The territorial authority must, within the applicable time frame, apply the EPB methodology to buildings to which this section applies to identify buildings that are potentially earthquake prone.
(3)
Until the end of the applicable time frame, a territorial authority must report to the chief executive on its progress towards identifying buildings to which this section applies that are potentially earthquake prone as follows:
(a)
if the whole of the district is a medium seismic zone that was previously an area of low seismic risk, 3 years; or
(b)
if the district includes any other medium seismic zone, but no high seismic zone, every 2 years; or
(c)
if the district includes a high seismic zone, every year.
(4)
In this section and sections 133AH and 133AJ, the applicable time frame is the period commencing on 1 July 2017 (the commencement date) and ending on,—
(a)
for a medium seismic zone that was previously an area of low seismic risk, the expiry of 15 years after the commencement date:
(b)
for every other medium seismic zone, the expiry of the following period after the commencement date:
(i)
5 years for priority buildings; and
(ii)
10 years for other buildings:
(c)
for each high seismic zone, the expiry of the following period after the commencement date:
(i)
2 years and 6 months for priority buildings; and
(ii)
5 years for other buildings.
Compare: 2004 No 72 s 133AG
Identifying buildings as earthquake prone after expiry of applicable time frame
133AJ Territorial authority may identify certain buildings after expiry of applicable time frame
(1)
This section applies to a building if all of the following apply:
(a)
the building is—
(i)
a tall building built using heavy materials; or
(ii)
an unreinforced masonry building:
(b)
the building is located in a medium seismic zone or a high seismic zone:
(c)
the building’s construction was completed before 1 July 2027.
(2)
However, this section does not apply to a building if, at any time,—
(a)
the building has been recorded in the EPB register as an earthquake-prone building or as having an earthquake-prone part (including before the commencement of this section); or
(b)
a territorial authority has decided that the building, or a part of the building, is not earthquake prone under—
(i)
section 133AL(2) or 133AO(2) (or section 133AI(2) as it read immediately before the commencement of this section); or
(ii)
section 133AP(2) (or section 133AK(2) as it read immediately before the commencement of this section); or
(iii)
section 133AQ (as it read immediately before the commencement of this section).
(3)
After the end of the applicable time frame, a territorial authority may, if it has reason to suspect that a building within its district to which this section applies may be earthquake prone, identify the building as earthquake prone, but may do so only—
(a)
by applying the EPB methodology; and
(b)
if the building meets the criteria to be earthquake prone under that methodology.
(4)
After making an identification under subsection (3), the territorial authority must—
(a)
notify the owner of the building in writing—
(i)
of the identification; and
(ii)
that the owner has a specified period to comment on the identification (being a period of not less than 6 months); and
(b)
consider the matters in the owner’s response (if any); and
(c)
if it wishes to designate the building as an earthquake-prone building, refer the proposed designation to the chief executive for confirmation that the building may be designated as such.
(5)
As soon as practicable after receiving a referral under subsection (4)(c), the chief executive must—
(a)
consider whether the territorial authority has complied with subsection (4)(a) and (b); and
(b)
determine the referral by—
(i)
agreeing to the proposed designation, if the chief executive is satisfied that the territorial authority has complied with subsection (4)(a) and (b); or
(ii)
refusing to agree to the proposed designation, if the chief executive is not satisfied that the territorial authority has complied with subsection (4)(a) and (b).
(6)
The chief executive must notify the territorial authority whether they agree to the territorial authority’s proposal to designate the building as an earthquake-prone building.
(7)
If the chief executive agrees to the proposed designation, the territorial authority must—
(a)
decide whether to designate the building as an earthquake-prone building; and
(b)
if it decides to designate the building as such,—
(i)
determine the required remediation measure for the building (if any) (see section 133AD); and
(ii)
issue an EPB notice for the building under section 133AU; and
(iii)
record the details of the decision in the EPB register, and update other information in the EPB register as necessary.
(8)
A territorial authority may designate a building as an earthquake-prone building under this section only if the chief executive agrees to the territorial authority’s proposal to designate the building as an earthquake-prone building.
Engineering evaluation required for tall buildings built using heavy materials identified under section 133AI
133AK Territorial authority must request engineering evaluation of certain potentially earthquake-prone buildings
(1)
If a territorial authority that is identifying buildings that are potentially earthquake prone under section 133AI identifies a tall building built using heavy materials that was designed before 1 January 1976 as being potentially earthquake prone, the territorial authority must ask the owner of the building to provide an engineering evaluation of the building.
(2)
The request must—
(a)
be in writing; and
(b)
be dated; and
(c)
identify the building that the territorial authority has identified as potentially earthquake prone; and
(d)
explain the basis on which the territorial authority has identified the building as potentially earthquake prone; and
(e)
explain the owner’s obligations under section 133AL; and
(f)
state whether the building is a priority building; and
(g)
state the due date for the engineering evaluation, which must be 12 months after the date of the request; and
(h)
explain that if the owner is not reasonably able to provide an engineering evaluation by the due date (for example, because of a shortage of people qualified to conduct engineering evaluations), the owner may apply under section 133AM for an extension of up to 12 months; and
(i)
explain the consequences of the owner failing to provide the engineering evaluation by the due date; and
(j)
explain what will happen if the territorial authority determines that the building is earthquake prone.
Compare: 2004 No 72 s 133AH
133AL Obligations of owners on receiving request for engineering evaluation
(1)
If a territorial authority asks the owner of a building to provide an engineering evaluation of the building under section 133AK, the owner must, by the due date (unless it is extended under section 133AM),—
(a)
provide to the territorial authority an engineering evaluation of the building that complies with the requirements of the EPB methodology; or
(b)
provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building as potentially earthquake prone; or
(c)
notify the territorial authority that the owner does not intend to provide an engineering evaluation.
(2)
If a territorial authority is satisfied that it has incorrectly identified a building as potentially earthquake prone, the territorial authority must cancel the request for an engineering evaluation and give the owner written notice of that fact.
Compare: 2004 No 72 s 133AI
133AM Owners may apply for extension of time to provide engineering evaluation
(1)
This section applies if—
(a)
a territorial authority asks the owner of a building to provide an engineering evaluation of the building under section 133AK; and
(b)
the owner is unable to provide an engineering evaluation by the due date.
(2)
The owner may, no later than 2 months before the due date, apply to the territorial authority for an extension of up to 12 months from the due date.
(3)
The territorial authority must deal with the application promptly by—
(a)
granting the extension and notifying the owner in writing of the revised due date for the engineering evaluation; or
(b)
declining the extension and notifying the owner in writing that the extension has not been granted.
(4)
A territorial authority must not extend the due date for an engineering evaluation more than once.
Compare: 2004 No 72 s 133AJ
Evidence or information required when suspected unreinforced masonry building identified under section 133AI
133AN Territorial authority must request evidence or information about masonry buildings that may be earthquake prone
(1)
If a territorial authority that is identifying buildings that are potentially earthquake prone under section 133AI identifies what is suspected to be an unreinforced masonry building that is potentially earthquake prone, the territorial authority must ask the owner of the building to provide evidence or information about the building.
(2)
The request must—
(a)
be in writing; and
(b)
be dated; and
(c)
identify the building that the territorial authority has identified as potentially earthquake prone; and
(d)
explain the basis on which the territorial authority has identified the building as potentially earthquake prone; and
(e)
explain the owner’s obligations under section 133AO; and
(f)
state the due date for providing the information or evidence, which must be 6 months after the date of the request; and
(g)
state whether the building is a priority building; and
(h)
explain the consequences of the owner failing to provide evidence or information by the due date; and
(i)
explain what will happen if the territorial authority determines that the building is earthquake prone.
133AO Obligations of owners on receiving evidence or information request under section 133AN
(1)
If a territorial authority asks the owner of a building to provide evidence or information about the building under section 133AN, the owner must, by the due date under section 133AN(2)(f),—
(a)
provide to the territorial authority evidence or information about the earthquake status of the building; or
(b)
provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building as potentially earthquake prone; or
(c)
notify the territorial authority that the owner does not intend to provide evidence or information about the building.
(2)
If a territorial authority is satisfied that it has incorrectly identified a building as potentially earthquake prone, the territorial authority must cancel the request for evidence or information and give the owner written notice of that fact.
Compare: 2004 No 72 s 133AI
Determination of whether building identified under section 133AI is earthquake prone
133AP Territorial authority must determine whether building is earthquake prone
(1)
If a territorial authority receives an engineering evaluation of, or evidence or information about, a building in response to a request made under section 133AK or 133AN, the territorial authority must determine,—
(a)
in accordance with the EPB methodology, whether the building is earthquake prone; and
(b)
if the building is earthquake prone, the required remediation measure for the building (if any) (see section 133AD).
(2)
If the territorial authority determines that the building is not earthquake prone, the territorial authority must promptly notify the owner of the building in writing of its decision.
(3)
If the territorial authority determines that the building is earthquake prone, the territorial authority must promptly—
(a)
designate the building as an earthquake-prone building; and
(b)
issue an EPB notice for the building under section 133AU; and
(c)
record the details of the decision in the EPB register, and update any other information in the EPB register as necessary.
(4)
If a territorial authority asks the owner of a building to provide an engineering evaluation of the building under section 133AK or for evidence or information under section 133AN, and either does not receive it by the due date or is notified that the owner does not intend to provide it by the due date,—
(a)
the territorial authority—
(i)
must proceed as if it had determined the building to be earthquake prone; and
(ii)
need not determine whether the building is earthquake prone; and
(b)
this Act applies as if the territorial authority had designated the building as an earthquake-prone building.
Review of building status in light of Building (Earthquake-prone Buildings) Amendment Act 2026
133AQ Territorial authorities must determine and update earthquake status of buildings in medium and high seismic zones
Evaluation of buildings in medium and high seismic zones
(1)
As soon as is reasonably practicable after, and within 3 months of, 1 July 2027, each territorial authority whose district includes an area that is in a medium or high seismic zone must—
(a)
identify each building in either of those zones that is recorded in the EPB register, in whole or in part, as earthquake prone or as a priority building; and
(b)
determine whether each building that is recorded as an earthquake-prone building, or as having an earthquake-prone part, is a building within scope (see section 133AB(3) and (4)); and
(c)
determine whether each building that is recorded, in whole or in part, as a priority building is a priority building (see section 133AG).
(2)
A decision under subsection (1)(b) or (c) may be made on the basis of information held by the territorial authority, and the territorial authority does not need to make inquiries or consider submissions before making its decision.
What happens if building is building within scope
(3)
If a building is determined to be a building within scope,—
(a)
the building continues to be an earthquake-prone building unless the relevant territorial authority subsequently changes its status (whether under section 133AZB or 133AZD or otherwise); and
(b)
the territorial authority must—
(i)
notify the owner of its decision in writing; and
(ii)
take the steps specified in section 133AR(2) in relation to the building.
What happens if building is not building within scope
(4)
If the building is determined not to be a building within scope,—
(a)
the building ceases to be an earthquake-prone building; and
(b)
the territorial authority must take the steps specified in section 133AS(2) in relation to the building.
What happens if building is priority building
(5)
If the building is determined to be a priority building,—
(a)
the building continues to be a priority building; and
(b)
the territorial authority must notify the owner of its decision in writing.
What happens if building is not priority building
(6)
If the building is determined not to be a priority building,—
(a)
the building ceases to be a priority building; and
(b)
the territorial authority must take the steps specified in section 133AT(2) in relation to the building.
What happens if territorial authority runs out of time
(7)
If a territorial authority fails to do the things specified in subsection (1)(a), (b), or (c) by 1 October 2027, the territorial authority must finish doing those things as soon as possible after 1 October 2027.
Status of buildings during evaluation
(8)
If, immediately before 1 July 2027, a building was classified as an earthquake-prone building, or as having an earthquake-prone part, the building is an earthquake-prone building until the relevant territorial authority makes a decision about the building under subsection (1)(b) (or until the territorial authority otherwise determines the building should cease to be an earthquake-prone building, if the territorial authority makes that decision before it makes its decision under subsection (1)(b)).
(9)
While a building’s status as an earthquake-prone building is continued under subsection (8), the building’s existing deadline or deadlines for completion of its required seismic work continue to apply.
Other obligations to identify earthquake-prone buildings continue to apply
(10)
The obligations imposed on a territorial authority by this section are separate from, and in addition to, the obligations imposed on the territorial authority by section 133AI.
133AR What territorial authority must do if building is building within scope
(1)
This section applies if a territorial authority determines, under section 133AQ(1)(b), that a building is a building within scope.
(2)
The territorial authority must do the following things in relation to the building:
(a)
determine the building’s required remediation measure (if any) (see section 133AD); and
(b)
issue an EPB notice for the building under section 133AU; and
(c)
update the information about the building in the EPB register to—
(i)
record the territorial authority’s determination under section 133AQ(1)(b) in relation to the building:
(ii)
record the building’s required remediation measure (or that the building does not have a required remediation measure):
(iii)
reflect any other relevant changes (for example, a change to the deadline for completion of seismic work if the building has ceased to be a priority building); and
(d)
remove, or authorise the owner of the building to remove, any EPB notice or EPB exemption notice that is attached or adjacent to the building (but see section 133AZC(2), which requires an EPB warning sign to be attached on or adjacent to an earthquake-prone building).
133AS What territorial authority must do if building is not building within scope
(1)
This section applies if a territorial authority determines, under section 133AQ(1)(b), that a building is not a building within scope.
(2)
The territorial authority must do the following things in relation to the building:
(a)
notify the owner of the building in writing that it has ceased to be an earthquake-prone building; and
(b)
remove the details of the building (including a part of the building) from the EPB register; and
(c)
remove, or authorise the owner to remove, any EPB notice or EPB exemption notice that is attached on or adjacent to the building.
133AT What territorial authority must do if building is no longer priority building
(1)
This section applies if a territorial authority determines, under section 133AQ(1)(c), that a building is not a priority building.
(2)
The territorial authority must do the following things in relation to the building:
(a)
notify the owner of the building in writing that it has ceased to be a priority building; and
(b)
amend the details of the building in the EPB register and adjust the deadline for completion of seismic work in the EPB register, as necessary; and
(c)
issue an EPB notice under section 133AU, if necessary.
Remediation of earthquake-prone buildings
133AU Territorial authority must issue EPB notice for earthquake-prone buildings
(1)
This section applies if a territorial authority makes any of the following decisions:
(a)
a decision designating a building as an earthquake-prone building under section 133AJ:
(b)
a decision determining that a building is earthquake prone under section 133AP:
(c)
a decision determining that a building is a building within scope under section 133AQ(1)(b):
(d)
a decision determining that a building within scope is earthquake prone under clause 2 of Schedule 1AA:
(e)
a decision granting an exemption under section 133AW(4):
(f)
a decision revoking an exemption under section 133AX(2):
(g)
a decision that requires a building’s EPB notice to be reissued to update information in the EPB notice, including the following decisions:
(i)
a decision that an earthquake-prone building is no longer a priority building under section 133AQ(1)(c):
(ii)
a decision to grant an extension under section 133AY(4) or to revoke an extension under section 133AY(6):
(iii)
a decision to change the remediation required in relation to an earthquake-prone building under section 133AZD(3).
(2)
The territorial authority must promptly issue an EPB notice, which must—
(a)
be dated; and
(b)
identify the building determined to be earthquake prone; and
(c)
specify whether the building is a priority building; and
(d)
state whether the owner must carry out a required remediation measure, and, if so, the details of that measure; and
(e)
state the deadline for completing any required seismic work (see section 133AV); and
(f)
if the owner of the building is required to carry out seismic work, state—
(i)
the following in relation to extensions of time to complete seismic work under section 133AY:
(A)
whether the owner may apply for an extension of time:
(B)
if the owner may not apply for an extension of time, the reason why (for example, because the owner’s deadline for completion of seismic work is set under section 133AV(5) and may not be extended):
(C)
if 1 or more extensions of time have already been granted in relation to the owner’s building, the cumulative total period of those extensions for the purposes of section 133AY(8); and
(ii)
that the owner may apply, under section 133AW, for an exemption from the requirement to carry out seismic work; and
(g)
if the owner is exempt from the requirement to carry out seismic work on the building under section 133AW,—
(i)
state that the owner is exempt from this requirement; and
(ii)
include a copy of the EPB exemption notice for the exemption; and
(h)
if the building is a register-only EPB, state—
(i)
that the building may be removed from the EPB register if it undergoes facade risk mitigation (see section 133AZB); and
(ii)
the details of the remediation required to complete the building’s facade risk mitigation.
(3)
The territorial authority must give a copy of the notice to—
(a)
the owner; and
(b)
every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017; and
(c)
every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017; and
(d)
every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and
(e)
Heritage New Zealand Pouhere Taonga if the building is a heritage building.
(4)
However, the notice is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (3).
Compare: 2004 No 72 s 133AL
133AV Deadline for completing seismic work
(1)
The deadline for the completion of the required seismic work is the expiry of whichever of the following periods is applicable, as measured from the date of the first EPB notice issued for the earthquake-prone building (rather than any replacement EPB notice):
(a)
in a medium seismic zone, 12 years and 6 months for a priority building and 25 years for any other earthquake-prone building; and
(b)
in a high seismic zone, 7 years and 6 months for a priority building and 15 years for any other earthquake-prone building.
(2)
However,—
(a)
if clause 2 of Schedule 1AA applies to the building or part of the building, the deadline is the deadline determined in accordance with that clause; and
(b)
if the building is an earthquake-prone building for which 1 or more extensions are granted under section 133AY, the deadline is the expiry of the period of the extension or the cumulative period of those extensions.
(3)
Subsections (1) and (2) are subject to subsections (4) and (5).
(4)
If a building’s deadline for completion of seismic work was automatically extended by section 133AMA or 133AMB(5) (as those sections read before the commencement of this section), the period of that automatic extension must be added to the deadline that would otherwise apply under subsection (1) or (2)(a).
(5)
If the owner of the building is entitled to complete their building’s seismic work within the supplementary 5-year period provided for in section 133AZA(1), the deadline for completion of the building’s required seismic work is the end of the 5-year period and no further extension may be given under this Act.
(6)
To avoid doubt, for the purposes of subsection (1),—
(a)
a building’s first EPB notice may have been issued in relation to the building, or a part of the building, before the commencement of this section; and
(b)
a replacement EPB notice issued as part of a territorial authority’s review under section 133AQ is not a building’s first EPB notice.
Compare: 2004 No 72 s 133AM
133AW Exemptions from requirement to carry out seismic work: application, grant, and term
(1)
The owner of an earthquake-prone building may apply to a territorial authority for an exemption from the requirement to carry out seismic work on the building.
(2)
An application under this section must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.
(3)
The relevant territorial authority must deal with the application promptly in accordance with subsections (4) and (5).
(4)
The territorial authority must grant the exemption if the territorial authority is satisfied that either of the following applies:
(a)
the building has the prescribed characteristics necessary for an exemption to be granted:
(b)
the following requirements are all satisfied in relation to the building:
(i)
it has 1 or more prescribed risk-mitigation measures in place:
(ii)
those prescribed risk-mitigation measures—
(A)
are approved for use in relation to a building of its type; and
(B)
meet the prescribed minimum requirements for risk-mitigation measures of their type; and
(C)
comply with any applicable requirements under this Act and any secondary legislation made under this Act:
(iii)
it satisfies the prescribed criteria to be granted an exemption based on having the prescribed risk-mitigation measures in place.
(5)
If the territorial authority is not satisfied that subsection (4)(a) or (b) applies, the territorial authority must decline to grant the exemption and notify the owner of its decision in writing.
(6)
If a territorial authority grants an exemption under this section, the territorial authority may impose any conditions it thinks fit for the purpose of managing or reducing the risks associated with the building.
(7)
When a territorial authority grants an exemption under this section, the territorial authority must—
(a)
issue an EPB exemption notice, which must—
(i)
identify the earthquake-prone building; and
(ii)
state that the owner is exempt from the requirement to carry out seismic work on the building; and
(iii)
give the territorial authority’s reasons for granting the exemption; and
(b)
reissue the EPB notice for the building under section 133AU; and
(c)
record the details of the exemption in the EPB register and update other information in the EPB register as necessary.
(8)
An exemption granted under this section stays in force until the territorial authority revokes it.
Compare: 2004 No 72 s 133AN
133AX Exemptions from requirement to carry out seismic work: review and revocation
(1)
This section applies to an exemption granted by a territorial authority under section 133AW.
(2)
The territorial authority may review the exemption at any time, and may revoke it if it is satisfied,—
(a)
in the case of an exemption that is based on a building having the necessary prescribed characteristics, that the building no longer has all of the necessary prescribed characteristics; or
(b)
in the case of an exemption based on having prescribed risk-mitigation measures in place, that 1 or more of the criteria set out in section 133AW(4)(b) are no longer met in relation to building to which the exemption relates (for example, one of the building’s prescribed risk-mitigation measures has not been maintained and no longer meets prescribed minimum requirements for a measure of its type); or
(c)
in either case, that the owner of the building has failed to comply with a condition of the exemption.
(3)
As soon as practicable after revoking an exemption, a territorial authority must—
(a)
reissue the EPB notice for the building under section 133AU; and
(b)
record the details of the revocation in the EPB register and update other information in the EPB register as necessary.
Compare: 2004 No 72 s 133AN
133AY Extensions of time to complete seismic work
(1)
This section—
(a)
applies to a building that is an earthquake-prone building; but
(b)
does not apply if the deadline for completing the building’s required seismic work is set under section 133AV(5) (which relates to a supplementary 5-year period to complete a building’s seismic work that may not be extended).
Extension applications
(2)
The owner of the building may apply to the relevant territorial authority for an extension of time to complete the building’s required seismic work.
(3)
An application under subsection (2) must be—
(a)
made before the deadline for completion of the building’s seismic work expires; and
(b)
made in writing; and
(c)
accompanied by any fee imposed by the territorial authority under section 219.
Extension decisions
(4)
The territorial authority must consider the application and may, by notice in writing to the owner, extend by up to 15 years the deadline for completing seismic work that applies under section 133AV(1) or (2)(a).
(5)
If the territorial authority grants an extension, the owner of the building must comply with any conditions imposed by the territorial authority for the purpose of managing or reducing the risks associated with the building.
(6)
If the owner fails to comply with subsection (5), the territorial authority may revoke the extension.
(7)
As soon as practicable after granting or revoking an extension, a territorial authority must—
(a)
reissue the EPB notice for the building under section 133AU; and
(b)
record the grant or revocation of the extension in the EPB register and update other information in the EPB register, as necessary.
Extensions must not cumulatively exceed 15 years
(8)
If the extension is for a period of less than 15 years, the owner may apply under this section for 1 or more further extensions, but no more than a maximum total period of 15 years in extensions under this section may be granted in respect of a particular building.
133AZ Considerations territorial authority must have regard to when deciding to grant extensions to deadlines
When considering whether to grant any extension under section 133AY, and the length of any extension, the relevant territorial authority must have regard to—
(a)
the ownership structure of the building:
(b)
the applicable required remediation measure:
(c)
any steps already taken to plan for or carry out the required seismic work:
(d)
whether the building is a priority building:
(e)
the heritage status of the building (if any):
(f)
the deadline for the completion of the required seismic work.
133AZA What happens when exemption is revoked after deadline expiry
(1)
If a territorial authority revokes an exemption from the requirement to carry out seismic work on a building under section 133AX after the deadline for completing the building’s seismic work has expired,—
(a)
the owner of the building must complete the building’s seismic work within a supplementary 5-year period that runs from the date on which the exemption was revoked (instead of the expired deadline); and
(b)
the territorial authority must record the new 5-year deadline in the EPB notice that is reissued in accordance with section 133AX(3) and update the EPB register accordingly.
(2)
However, if the exemption was revoked due to an act or omission of the owner (for example, the owner’s removal of, or failure to maintain, the prescribed risk-mitigation measures the exemption is based on),—
(a)
the owner is not entitled to a supplementary 5-year period to complete their building’s seismic work; and
(b)
the expired deadline for completion of that work continues to apply.
133AZB Removal of earthquake-prone building status after building is remediated
(1)
The owner of an earthquake-prone building may apply to the relevant territorial authority to have the building’s earthquake-prone building status removed on the basis that the building’s remediation is complete.
(2)
The application must include evidence that the building’s remediation is complete and any other information that the territorial authority may reasonably require.
(3)
The territorial authority must promptly consider the application and, if it is satisfied that the building’s remediation is complete,—
(a)
the building ceases to be an earthquake-prone building; and
(b)
the territorial authority must—
(i)
notify the owner of the building in writing that it has ceased to be an earthquake-prone building; and
(ii)
remove the details of the building from the EPB register; and
(iii)
remove, or authorise the owner to remove, any EPB warning sign that is attached on or adjacent to the building.
(4)
In this subpart,—
register-only EPB means an earthquake-prone building that has no required remediation measure because it is a 1- or 2-storey-high unreinforced masonry building that is outside an urban centre (see section 133AD)
remediation, in relation to an earthquake-prone building, means,—
(a)
in the case of an earthquake-prone building with a required remediation measure, the seismic work required to comply with the required remediation measure; and
(b)
in the case of a register-only EPB, the building work required to complete facade risk mitigation in relation to the building.
Compare: 2004 No 72 s 133AQ
133AZC EPB warning signs to be attached to earthquake-prone buildings
(1)
This section applies if—
(a)
a territorial authority issues an EPB notice or EPB exemption notice for an earthquake-prone building; and
(b)
one of the following applies:
(i)
the building does not have an EPB warning sign:
(ii)
the building’s EPB warning sign needs to be updated to reflect the contents of the EPB notice or EPB exemption notice.
(2)
As soon as practicable after issuing the EPB notice or EPB exemption notice, the territorial authority must—
(a)
issue an EPB warning sign to the owner of the building; and
(b)
attach, or require the owner of the building to attach, the EPB warning sign in a prominent place on or adjacent to the building; and
(c)
remove, or authorise the owner of the building to remove, any superseded EPB warning sign that is attached on or adjacent to the building.
(3)
If an EPB warning sign ceases to be attached in a prominent place on or adjacent to an earthquake-prone building, or becomes illegible,—
(a)
the owner of the building to which the EPB warning sign relates must notify the territorial authority of that fact; and
(b)
the territorial authority must issue a replacement EPB warning sign; and
(c)
subsection (2)(b) and (c) applies to the replacement EPB warning sign.
(4)
Subsection (3) does not apply if the removal of the EPB warning sign is authorised by or under this subpart.
(5)
An EPB warning sign issued under this section must—
(a)
be in the form specified by the chief executive; and
(b)
contain the information specified by the chief executive.
Compare: 2004 No 72 s 133AP
133AZD Territorial authority may assess information relating to earthquake-prone building status at any time
(1)
The owner of an earthquake-prone building may apply to the relevant territorial authority for a review of 1 or more of the following matters in relation to the building:
(a)
whether it is an unreinforced masonry building or a tall building built using heavy materials:
(b)
whether it is earthquake prone:
(c)
the remediation required for it to cease to be an earthquake-prone building under section 133AZB.
(2)
The territorial authority may—
(a)
require the applicant to provide any evidence or information that the territorial authority reasonably requires to carry out the review; and
(b)
refuse to carry out the review if the evidence or information is not provided.
(3)
As soon as practicable after an application is made, or after any further information or evidence required is provided, the territorial authority must carry out the review and do 1 or more of the following:
(a)
determine whether the building is an unreinforced masonry building or a tall building built using heavy materials:
(b)
determine whether the building is earthquake prone:
(c)
in relation to the remediation required for the building to cease to be an earthquake-prone building,—
(i)
confirm the remediation required; or
(ii)
change the remediation required by doing 1 or more of the following:
(A)
replacing a required remediation measure with a different required remediation measure:
(B)
imposing a new required remediation measure:
(C)
removing a required remediation measure:
(D)
changing the details of the building work required to complete the building’s remediation.
(4)
For the purposes of subsection (3), the territorial authority must—
(a)
make its decisions in accordance with the requirements of this Act and the EPB methodology (for example, by applying the EPB methodology to determine whether a building is earthquake prone); and
(b)
if it decides to replace, impose, or remove a required remediation measure, also determine the details of the building work required to complete the building’s remediation after that change.
(5)
Subsection (6) applies if the territorial authority determines that—
(a)
the building is not earthquake prone; or
(b)
the building is not either of the following:
(i)
an unreinforced masonry building:
(ii)
a tall building built using heavy materials.
(6)
If the territorial authority makes one of the determinations referred to in subsection (5),—
(a)
the building ceases to be an earthquake-prone building; and
(b)
the territorial authority must—
(i)
notify the owner of the building in writing that it has ceased to be an earthquake-prone building; and
(ii)
remove the details of the building from the EPB register; and
(iii)
remove, or authorise the owner to remove, any EPB notice, EPB exemption notice, or EPB warning sign that is attached on or adjacent to the building.
(7)
If the territorial authority makes any other decision (for example, that the building is still earthquake prone), the territorial authority must—
(a)
notify the owner of the decision in writing; and
(b)
if the decision requires a new EPB notice to be issued for the building (for example, to update the details in the notice), reissue the building’s EPB notice under section 133AU; and
(c)
record the details of the decision in the EPB register and update other information in the EPB register as necessary.
Compare: 2004 No 72 s 133AQ
Powers of territorial authorities in respect of earthquake-prone buildings
133AZE Territorial authority may impose safety requirements
(1)
If a territorial authority designates a building as an earthquake-prone building and imposes a required remediation measure, the territorial authority may do any or all of the following:
(a)
put up a hoarding or fence to prevent people from approaching the building nearer than is safe:
(b)
attach in a prominent place, on or adjacent to the building, a notice that warns people not to approach the building:
(c)
issue a notice that complies with subsection (2) restricting entry to the building for particular purposes or restricting entry to particular persons or groups of persons.
(2)
A notice issued under subsection (1)(c)—
(a)
must be in writing; and
(b)
must be fixed to the building in question; and
(c)
must be given in the form of a copy to the persons listed in section 133AU(3); and
(d)
may be issued for a period of up to 30 days; and
(e)
may be reissued, but not more than once, for a further period of up to 30 days.
(3)
However, a notice issued under subsection (1)(c), if fixed on the building, is not invalid because a copy of it has not been given to any or all of the persons listed in section 133AU(3).
(4)
If, in relation to a building, a territorial authority has put up a hoarding or fence under subsection (1)(a) or attached a notice under subsection (1)(b), no person may, other than in accordance with the terms of a notice issued under subsection (1)(c),—
(a)
use or occupy the building; or
(b)
permit another person to use or occupy the building.
Compare: 2004 No 72 s 133AR
133AZF Territorial authority may carry out seismic work
(1)
This section applies if seismic work on an earthquake-prone building is not completed by the deadline that applies under section 133AV or is not proceeding with reasonable speed in light of that deadline.
(2)
The relevant territorial authority may apply to the District Court for an order authorising the territorial authority to carry out seismic work on the building.
(3)
Before the territorial authority applies to the District Court under subsection (2), the territorial authority must give the owner of the building not less than 10 days’ written notice of its intention to do so.
(4)
If a territorial authority carries out seismic work on a building under the authority of an order made under subsection (2),—
(a)
the owner is liable for the costs of the work; and
(b)
the territorial authority may recover those costs from the owner; and
(c)
the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.
(5)
Seismic work authorised to be done under this section may include the demolition of all or part of an earthquake-prone building.
Compare: 2004 No 72 s 133AS
133AZG Alterations to earthquake-prone buildings
Alterations to earthquake-prone buildings
(1)
This section applies instead of section 112 in relation to an application for a building consent for the alteration of an earthquake-prone building.
(2)
A building consent authority must not grant a building consent for the alteration of a building unless the building consent authority is satisfied that,—
(a)
after the alteration, the building will comply as nearly as reasonably practicable with the provisions of the building code that relate to—
(i)
means of escape from fire; and
(ii)
access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and
(b)
after the alteration, the building will,—
(i)
if it complied with other provisions of the building code immediately before the building work began, continue to comply with those provisions; or
(ii)
if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply; and
(c)
in the case of a substantial alteration, the alteration includes the building work necessary to complete the building’s remediation (the necessary building work).
(3)
Subsection (2) is subject to subsections (4) and (5).
Alterations that include necessary building work and other building work
(4)
If the proposed alteration includes the necessary building work and other building work, the relevant territorial authority—
(a)
may, by written notice to the owner of the building, specify 1 or more of the provisions of the building code referred to in subsection (2)(a) and allow the alteration of the building without the building complying with the specified provisions if the territorial authority is satisfied that,—
(i)
if the building were required to comply with the specified provisions, it would be unduly onerous for the owner in the circumstances; and
(ii)
the permitted non-compliance with the specified provisions is no more than is reasonably necessary in light of the objective of ensuring that the building complies with any required remediation measure; and
(iii)
after the alteration, the building will continue to comply with the specified provisions, and other provisions of the building code, to at least the same extent as it complied with those provisions immediately before the building work began; and
(b)
when making the decisions required by paragraph (a)(i) and (ii), must take into account the matters (if any) prescribed under section 401C(1)(d).
Alterations that include only necessary building work
(5)
If the proposed alteration includes only the necessary building work for the building, the relevant territorial authority may allow the alteration of the building if the territorial authority is satisfied that, after the alteration, the building will continue to comply with the provisions of the building code referred to in subsection (2)(a) and (b) to at least the same extent as it complied with those provisions immediately before the building work began.
(6)
When deciding whether to allow a proposed alteration under subsection (5), a territorial authority—
(a)
must—
(i)
have regard to the provisions of the building code referred to in subsection (2)(a); and
(ii)
draw those provisions to the attention of the owner; but
(b)
must not refuse to allow the alteration on the basis of non-compliance with the building code provisions referred to in subsection (2)(a) if the territorial authority is satisfied that the building will continue to comply with those provisions to the extent required by subsection (5).
(7)
In this section, substantial alteration means an alteration that the building consent authority is satisfied meets the criteria prescribed in regulations made under section 401C(1)(c).
Compare: 2004 No 72 s 133AT
Offences
133AZH Offences in relation to earthquake-prone buildings
Failure to complete seismic work
(1)
The owner of an earthquake-prone building who fails to complete seismic work on the building by the deadline that applies under section 133AV—
(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 warning signs
(2)
A person commits an offence if—
(a)
a territorial authority requires the person to attach an EPB warning sign on or adjacent to a building under section 133AZC; and
(b)
the person—
(i)
fails to attach the sign in accordance with that section; or
(ii)
attaches the sign otherwise than in accordance with that section.
(3)
A person commits an offence if—
(a)
the person is required under section 133AZC(3)(a) to notify the territorial authority when an EPB warning sign 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 133AZE(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.
Compare: 2004 No 72 s 133AU
Methodology for identifying, evaluating, and making decisions about earthquake-prone buildings
133AZI Chief executive must set methodology for identifying, evaluating, and making decisions about earthquake-prone buildings
(1)
The chief executive must set a methodology for identifying, evaluating, and making decisions about earthquake-prone buildings (the EPB methodology) that specifies how territorial authorities are to—
(a)
determine whether a building is a tall building built using heavy materials or an unreinforced masonry building; and
(b)
identify buildings that are potentially earthquake prone; and
(c)
evaluate whether a building is earthquake prone; and
(d)
identify the features or characteristics of a building that determine its required remediation measure (including whether or not it has a required remediation measure); and
(e)
determine the details of the building work required to complete a building’s remediation.
(2)
Without limiting subsection (1), the methodology—
(a)
may specify buildings or classes of buildings that are earthquake prone; and
(b)
may specify a method of identifying buildings or classes of buildings that are, or are potentially, earthquake prone; and
(c)
must specify the requirements for an engineering evaluation of a building that is, or is potentially, earthquake prone; and
(d)
may specify requirements relating to the evidence or information that the owner of a building is or may be required to provide under section 133AN(1), 133AZB(2), or 133AZD(2) (including by specifying evidence or information that a territorial authority may, or may not, require an owner to provide under each of those provisions); and
(e)
must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building is, or is potentially, earthquake prone; and
(f)
may—
(i)
specify technical information to enable territorial authorities to—
(A)
identify the parts of a building that need to be remediated for the purposes of facade risk mitigation or a targeted retrofit; and
(B)
determine the building work required to complete that remediation; and
(ii)
specify types of building work that must, may, or must not be carried out for the purposes of facade risk mitigation or a targeted retrofit; and
(g)
may provide for anything this Act says may or must be provided for in the EPB methodology.
(3)
The chief executive must set the methodology no later than 6 months 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, section 133AZJ applies 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).
Compare: 2004 No 72 s 133AV
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must: | LA19 ss 73, 74(1)(a), Sch 1 cl 14 | ||
| • publicly notify it (see definition in section 7(1)) | ||||
| • 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) | ||||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
133AZJ Consultation requirements for setting EPB methodology
(1)
Before setting the EPB methodology, the chief executive must do everything reasonably practicable on their part to consult territorial authorities and any other persons or organisations that appear to the chief executive to be representative of the interests of persons likely to be substantially affected by the setting of the methodology.
(2)
The process for consultation should, to the extent practicable in the circumstances, include—
(a)
giving adequate and appropriate notice of the intention to set the methodology; and
(b)
giving a reasonable opportunity for territorial authorities and other interested persons to make submissions; and
(c)
giving adequate and appropriate consideration to submissions.
(3)
A failure to comply with this section does not affect the validity of the methodology.
Compare: 2004 No 72 s 133AW
10 Section 133BZA amended (Application of subparts 6, 6A, and 7 in designated areas)
(1)
In section 133BZA(2), replace “section 133AB”
with “section 133AC”
.
(2)
In section 133BZA(3)(a), replace “assessment or”
with “evaluation, evidence, or”
.
(3)
In section 133BZA(3)(b), replace “section 133AM, 133AMA, 133AMB, or 133AMC”
with “section 133AV”
.
11 Section 219 amended (Territorial authority may impose fee or charge and must collect levy)
Repeal section 219(1A).
12 Section 222 amended (Inspections by territorial authority)
In section 222(1)(b)(iii), replace “or a part of the building is earthquake prone or potentially earthquake prone”
with “is a building within scope, earthquake prone, or potentially earthquake prone”
.
13 Section 274 amended (Purpose of registers)
In section 274(a)(iab), replace “buildings or parts of buildings that territorial authorities have determined to be earthquake prone”
with “earthquake-prone buildings”
.
14 Section 275A amended (Content of EPB register)
(1)
In section 275A(1), replace “building or part of a building that a territorial authority determines is earthquake prone”
with “earthquake-prone building”
.
(2)
In section 275A(1)(a), replace “that made the decision”
with “whose district the building is in”
.
(3)
In section 275A(1)(b), delete “or the part of the building determined to be earthquake prone”
.
(4)
In section 275A(1)(d), delete “or part”
.
(5)
After section 275A(1)(d), insert:
(da)
the basis on which the building is a building within scope (for example, whether it is an unreinforced masonry building):
(6)
Replace section 275A(1)(e) with:
(e)
whether there is a required remediation measure for the building, and, if so, what it is:
(7)
In section 275A(1)(f), replace “section 133AM, 133AMA, 133AMB, or 133AMC”
with “section 133AV (if any)”
.
(8)
In section 275A(1)(f), replace “section 133AN”
with “section 133AW”
.
(9)
In section 275A(1)(g), replace “section 133AN”
with “section 133AW, including a summary of any conditions imposed by the territorial authority for the purpose of section 133AW(6)”
.
(10)
In section 275A(1)(h), replace “section 133AO”
with “section 133AY”
.
(11)
In section 275A(1)(h), replace “section 133AO(5)(b)”
with “section 133AY(5)”
.
(12)
Replace section 275A(2) with:
(2)
If the territorial authority is proceeding under section 133AP(4) as if it had determined the building to be earthquake prone and designated it as an earthquake-prone building, the register must contain a statement to the effect that the territorial authority has not determined whether the building is earthquake prone, but is proceeding as if it were an earthquake-prone building because the owner has not provided an engineering evaluation or evidence or information (as applicable).
15 Section 381 amended (District Court may grant injunctions for certain continuing breaches)
In section 381(1)(ba), delete “or a part of a building”
.
16 Section 401C amended (Regulations: earthquake-prone buildings)
(1)
Repeal section 401C(1)(a).
(2)
Replace section 401C(1)(b) with:
(b)
prescribe, for the purposes of section 133AW(4)(a), the age, construction type, use, level of occupancy, location in relation to other buildings or building types, and any other characteristics that a building must have for a territorial authority to grant an exemption from the requirement to carry out seismic work on the building:
(ba)
prescribe the following things for the purposes of section 133AW(4)(b):
(i)
the risk-mitigation measures that may be considered by a territorial authority when deciding whether to grant an exemption from the requirement to carry out seismic work on a building:
(ii)
the minimum requirements for those risk-mitigation measures:
(iii)
the types of building for which 1 or more of those risk-mitigation measures are approved for use:
(iv)
the criteria that must be met for a territorial authority to grant an exemption based on the risk-mitigation measures a building has in place:
(3)
In section 401C(1)(c), replace “purpose of section 133AT(2)(c)”
with “purposes of section 133AZG(7)”
.
(4)
Replace section 401C(1)(d) with:
(d)
prescribe the matters that a territorial authority must take into account when making the evaluations required by section 133AZG(4)(a)(i) and (ii) (for the purpose of deciding whether to allow the alteration of an earthquake-prone building without complying with specified provisions of the building code):
17 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in Schedule 1 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
18 New Schedule 2A inserted
After Schedule 2, insert the Schedule 2A set out in Schedule 2 of this Act.
Part 2 Amendments to other legislation
Amendments to Health and Safety at Work Act 2015
19 Principal Act
Section 20 amends the Health and Safety at Work Act 2015.
20 Section 37 amended (Duty of PCBU who manages or controls workplace)
(1)
In section 37(3A)(b)(i), replace “, or the part of a building, that is included in the workplace is earthquake prone”
with “is an earthquake-prone building”
.
(2)
In section 37(3A)(b)(ii), delete “, or the part of a building, included in the workplace”
.
(3)
In section 37(4), replace the definition of earthquake prone with:
earthquake-prone building has the same meaning as in section 7(1) of the Building Act 2004
Amendments to Building (Infringement Offences, Fees, and Forms) Regulations 2007
21 Principal regulations
22 Schedule 1 amended
(1)
In Schedule 1, item relating to s 133AU(1), replace “s 133AU(1)”
with “s 133AZH(1)”
.
(2)
In Schedule 1, item relating to s 133AU(2), replace “s 133AU(2)”
with “s 133AZH(2)”
.
(3)
In Schedule 1, item relating to s 133AU(2), replace “EPB notice or EPB exemption notice”
with “EPB warning sign”
.
(4)
In Schedule 1, item relating to s 133AU(3), replace “s 133AU(3)”
with “s 133AZH(3)”
.
(5)
In Schedule 1, item relating to s 133AU(3), replace “EPB notice or EPB exemption notice”
with “EPB warning sign”
.
(6)
In Schedule 1, item relating to s 133AU(5), replace “s 133AU(5)”
with “s 133AZH(5)”
.
Amendments to Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005
23 Principal regulations
24 Regulation 5 amended (Change the use: what it means)
In regulation 5, after “sections 114”
, insert “, 114A,”
.
25 Regulation 7 revoked (Moderate earthquake and ultimate capacity defined)
Revoke regulation 7.
26 Regulation 8 revoked (Categories of earthquake ratings)
Revoke regulation 8.
27 Regulation 9 revoked (Forms of EPB notice)
Revoke regulation 9.
28 Regulation 10 amended (Exemption from requirement to carry out seismic work: required building characteristics)
(1)
In regulation 10(1), delete “or a part of a building”
.
(2)
In regulation 10(1), replace “section 133AN”
with “section 133AW”
.
(3)
In regulation 10(1), delete “or part”
.
(4)
In regulation 10(2), delete “or the part of the building”
.
(5)
In regulation 10(2), delete “or part”
in each place.
(6)
In regulation 10(2)(e)(ii), delete “or part’s”
.
(7)
In regulation 10(3), definition of strategic transport routes, replace “section 133AE(1)(f)”
with “section 133AG(1)(b)”
.
29 Regulation 11 amended (Alteration of building: what amounts to substantial alteration)
(1)
In regulation 11(1), replace “section 133AT(2)(c)”
with “section 133AZG(7)”
.
(2)
In regulation 11(1), replace “a building or a part of a building that is subject to an EPB notice”
with “an earthquake-prone building”
.
(3)
In regulation 11(1), formula, item x, replace “seismic work”
with “building work that is necessary to complete the building’s remediation”
.
(4)
In regulation 11(1), formula, item y, replace “seismic work”
with “building work that is necessary to complete the building’s remediation”
.
(5)
In regulation 11(3), definition of current application, replace “section 133AT(1)”
with “section 133AZG(1)”
.
30 Schedule 3 revoked
Revoke Schedule 3.
Schedule 1 New Part 7 inserted into Schedule 1AA
Part 7 Provisions relating to Building (Earthquake-prone Buildings) Amendment Act 2026
20 Interpretation
In this Part, unless the context otherwise requires,—
amendment Act means the Building (Earthquake-prone Buildings) Amendment Act 2026
commencement date means 1 July 2027
transitional period means the period starting on the day after Royal assent of the amendment Act and ending immediately before the commencement date.
Provisions about transitional period leading up to commencement date
21 What happens to buildings in low seismic zones during transitional period
(1)
This clause applies to a building, or a part of a building, if the building will be in a low seismic zone on the commencement date.
(2)
If the building or part is an earthquake-prone building or part under subpart 6A of Part 2 immediately before the start of the transitional period, it ceases to be an earthquake-prone building or part at the start of the transitional period.
(3)
During the transitional period,—
(a)
the building or part may not be determined to be an earthquake-prone building or part under subpart 6A of Part 2; and
(b)
subpart 6A of Part 2 does not require a territorial authority to take steps to identify whether the building or part is earthquake prone and, if a territorial authority is in the process of taking those steps in relation to the building or part, it must bring that process to an end.
(4)
If a territorial authority is required to bring a process to an end under subclause (3)(b), an owner who has been asked to provide an engineering assessment as part of the process no longer needs to provide the engineering assessment (and nothing in section 133AI(3) applies to the building or part).
(5)
In this clause, a building is in a low seismic zone on the commencement date if, on that date, it will be in an area marked as no EPB requirements on the map in Schedule 2A (as inserted by section 18 and Schedule 2 of the amendment Act on the commencement date).
22 Territorial authority must identify earthquake-prone buildings and parts in low seismic zone and remove them from EPB register
(1)
As soon as is reasonably practicable after, and within 3 months of, the start of the transitional period, each territorial authority whose district includes 1 or more buildings, or parts of buildings, to which clause 21(2) applies must—
(a)
identify whether any of those buildings or parts are recorded in the EPB register as earthquake-prone buildings or parts; and
(b)
if a building or part is recorded as earthquake prone in the EPB register, do the following in relation to it:
(i)
notify the owner, in writing, that the building or part has ceased to be an earthquake-prone building or part; and
(ii)
remove the details of the building or part from the EPB register; and
(iii)
remove, or authorise the owner of the building or part to remove, any EPB notice or EPB exemption notice that is attached on or adjacent to the building.
(2)
However, if a territorial authority fails to do the things specified in subclause (1)(a) or (b) by the end of the 3-month period specified in subclause (1), the territorial authority must finish doing those things as soon as possible after the end of the 3-month period.
23 Chief executive must publish digital version of Schedule 2A map during transitional period
(1)
Despite section 133AF not being in force during the transitional period, the chief executive’s obligation to publish and maintain a digital version of a map under that section (as it will read on the commencement date) also applies during the transitional period.
(2)
However, during the transitional period, the digital version of the map only needs to meet the requirements in section 133AF(2)(b)(i).
(3)
To avoid doubt, during the transitional period, the map that the chief executive’s obligation relates to is the map that will be set out in Schedule 2A on the commencement date (as inserted by section 18 and Schedule 2 of the amendment Act).
24 Territorial authorities may review status of roads, footpaths, thoroughfares, and strategic transport routes used to identify priority buildings during transitional period
(1)
This clause applies if, at the start of the transitional period, a territorial authority has identified 1 or more buildings, in whole or in part, as priority buildings because, in an earthquake,—
(a)
a part of the building could fall onto a part of a public road, footpath, or other thoroughfare that a territorial authority has identified under section 133AF(2)(a) (a part of a road, footpath, or thoroughfare that warrants prioritisation); or
(b)
the building has the potential to impede a transport route of strategic importance (a strategic transport route) if it were to collapse (see section 133AE(1)(f)).
(2)
The territorial authority may review whether a part of a road, footpath, or thoroughfare that warrants prioritisation or a strategic transport route in its district, in respect of which a priority building has been identified, should continue to hold that status on and after the commencement date.
(3)
A review under this clause—
(a)
must be carried out using the special consultative procedure in section 83 of the Local Government Act 2002; and
(b)
must be completed before the commencement date; and
(c)
may be carried out even if the applicable time frame for identifying buildings as potentially earthquake prone under section 133AG(4) has elapsed.
(4)
If a review under this clause relates to a strategic transport route that is a State highway, the territorial authority carrying out the review must also—
(a)
consult the New Zealand Transport Agency about whether the route should continue to be a strategic transport route; and
(b)
take its views into account when deciding how the route should be dealt with.
(5)
If, as a result of a review under this clause, a territorial authority decides that a part of a road, footpath, or thoroughfare that warrants prioritisation or a strategic transport route should cease to hold that status on and after the commencement date,—
(a)
the part or the route ceases to hold that status on the commencement date; and
(b)
the territorial authority must take the part’s or route’s change in status into account when determining whether buildings in its district are priority buildings under section 133AQ(1)(c) (as it will read on the commencement date).
(6)
A review under this clause may not identify new parts of a road, footpath, or thoroughfare that warrant prioritisation or new strategic transport routes.
(7)
In this clause, State highway has the meaning given to it by section 5(1) of the Land Transport Management Act 2003.
Provisions about transition that occurs on commencement date
25 Pending applications at commencement date
(1)
If any application is made under subpart 6A of Part 2 of this Act before the commencement date but has not been determined before that date, it must be determined under the corresponding provision or provisions of subpart 6A (as replaced by section 9 of the amendment Act).
(2)
Without limiting subclause (1),—
(a)
an application for an exemption made under section 133AN before the commencement date but not determined before the commencement date must be determined under section 133AW; and
(b)
an application for an extension to a deadline made under section 133AO before the commencement date but not determined before the commencement date must be determined under section 133AY.
26 Existing deadlines for seismic work in medium seismic zone that was previously an area of low seismic risk unaffected
If a building in a medium seismic zone that was previously an area of low seismic risk was an earthquake-prone building immediately before the commencement date, section 133AV(1)(a) applies to the building as if the specified deadline for completion of required seismic work were 35 years (instead of 25 years) on and after the commencement date.
27 Exemptions and extensions granted before commencement date
If, before the commencement date, an exemption was granted under section 133AN or an extension to a deadline was granted under section 133AO,—
(a)
the exemption, if it has not been revoked, is deemed to have been granted under section 133AW on and after the commencement date:
(b)
the extension, if it has not expired, is deemed to have been granted under section 133AY on and after the commencement date, but only for the period for which it was granted under section 133AO (as it read immediately before the commencement date).
28 Extension may be applied for after deadline for completion of seismic work in specified circumstances
(1)
This clause applies if—
(a)
a building is determined to be a building within scope under section 133AQ(1)(b); and
(b)
the deadline for completing the building’s seismic work expired—
(i)
on or before the date on which the building was determined to be a building within scope (including if the deadline expired before the commencement date); or
(ii)
on or before the date on which the owner is given the EPB notice that is issued in relation to the determination (see section 133AR(2)(b)); or
(iii)
within 3 months of the date on which the owner is given that EPB notice.
(2)
If this clause applies, section 133AY(3)(a) does not apply to an application by the building’s owner under section 133AY(2) for an extension of time to complete the building’s required seismic work.
(3)
If an extension application to which subclause (2) applies is granted,—
(a)
subclause (2) ceases to apply in relation to the building; and
(b)
section 133AV(2)(b) applies in relation to the building as if the period of the extension, and any further cumulative extensions granted in relation to the building, ran from the date on which the extension was granted (instead of the deadline that would apply under section 133AV(1) or (2)(a)); and
(c)
section 133AV(4) (which requires specified automatic extensions granted before the commencement date to be added to deadlines set under section 133AV(1) and (2)(a)) does not apply when determining the date the extension runs from.
29 Work already completed by territorial authorities under section 133AG need not be repeated
If a territorial authority has carried out any of its obligations under section 133AG (as it read before the commencement date), the territorial authority—
(a)
is not required to carry out the same obligations again under section 133AI on and after the commencement date; but
(b)
must carry out any obligations it has not completed under section 133AG before the commencement date, to the extent that it is required to do so by section 133AI, and must carry out obligations (whether of a continuing nature or otherwise) arising on or after the commencement date under section 133AI.
30 Building owners may elect to complete existing seismic improvements
(1)
This clause applies if an EPB notice was issued in respect of a building before the commencement date and work has commenced on completing the required seismic work before that date.
(2)
On or after the commencement date, the owner may elect to—
(a)
seek an assessment of the building under section 133AZD; or
(b)
complete the work required under the existing EPB notice.
(3)
If the building owner completes the work required under the EPB notice, the building ceases to be an earthquake-prone building and must be treated as if the work completed were the work required to complete the building’s remediation for the purposes of section 133AZB.
Schedule 2 New Schedule 2A inserted
Schedule 2A Map of low seismic zones, medium seismic zones, and high seismic zones in New Zealand
s 133AE
Legislative history
9 December 2025 |
Introduction (Bill 238–1) |
|
16 December 2025 |
First reading and referral to Transport and Infrastructure Committee |
|
9 June 2026 |
Reported from Transport and Infrastructure Committee |
|
(Bill 238–2) |
||
30 June 2026 |
Second reading |
|
15 September 2026 |
Committee of the whole House, third reading |
|
25 September 2026 |
Royal assent |
This Act is administered by the Ministry of Business, Innovation, and Employment.
Versions
Building (Earthquake-prone Buildings) Amendment Act 2026
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