Hon Maurice Williamson
Government Bill
182—1
Explanatory note
1 Title
2 Commencement
Part 1Amendments 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
Provisions affecting application of amendments to this Act
5A Provisions affecting application of amendments to this Act
6 Section 7 amended (Interpretation)
7 Section 11 amended (Role of chief executive)
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
13 Section 122 repealed (Meaning of earthquake-prone building)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
Interpretation and application
133AA Interpretation
133AB Meaning of earthquake-prone building
133AC Meaning of priority building
133AD Application of this subpart to residential buildings
133AE Application of this subpart to parts of buildings
Seismic capacity assessments
133AF Territorial authority must assess seismic capacity of existing buildings
133AG Chief executive must set methodology for seismic capacity assessments
133AH Consultation requirements for setting methodology
133AI Notification and availability of methodology
What territorial authority must do after seismic capacity assessment
133AJ Territorial authority must notify building owner of outcome of assessment
133AK Territorial authority must record outcome of assessment on seismic capacity register
133AL Earthquake-prone buildings: territorial authority must issue seismic work notice
133AM Time frame for territorial authority to act under sections 133AK and 133AL
133AN Requirements for seismic work notice
133AO Deadline for completing seismic work
133AP Seismic work notice to be removed when building no longer earthquake prone
133AQ What territorial authority must do if definition of moderate earthquake amended
What building owner may do after seismic capacity assessment
133AR Owner may provide alternative evidence of building's seismic capacity
133AS Owner may apply for exemption from requirement to carry out seismic work
133AT Owner of Category 1 heritage building may apply for extension of time to complete seismic work
133AU Territorial authority must update seismic capacity register as necessary
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 Territorial authority may grant building consent for earthquake-prone building despite section 112(1)
Offences
133AY Offences in relation to earthquake-prone buildings
Time frame for completing seismic work on priority buildings
133AZ Territorial authority must set time frame for completing seismic work on priority buildings
133AZA Adoption and review of time frame
133AZB Notification and availability of time frame
133AZC What territorial authority must do if time frame amended or replaced
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 seismic capacity register
275B Restriction on public access to certain information on seismic capacity register
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)
40 New section 450A inserted (Application, savings, and transitional provisions relating to amendments to Act)
450A Application, savings, and transitional provisions relating to amendments to Act
41 New Schedule 1AA inserted
Part 2Amendment 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
ScheduleNew Schedule 1AA inserted
The Parliament of New Zealand enacts as follows: