Building (Earthquake-prone Buildings) Amendment Bill

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Hon Dr Nick Smith

Building (Earthquake-prone Buildings) Amendment Bill

Government Bill

182—3

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13	Section 122 repealed (Meaning of earthquake-prone building)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

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