Building (Earthquake-prone Buildings) Amendment Bill
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Building (Earthquake-prone Buildings) Amendment Bill
Government Bill
238—1
Explanatory note
General policy statement
The Bill’s key purpose is to establish a more proportionate and risk-based regulatory system for managing earthquake-prone buildings. The system will regulate only high-risk building types in medium and high seismic zones. Buildings that are in low seismic zones (Auckland, Northland, and the Chatham Islands) or are not of those building types will no longer be designated as earthquake-prone and cannot be designated earthquake-prone in future.
Coastal Otago (including Dunedin) and part of Stewart Island will be reclassified from a low seismic risk area to a medium seismic zone, to reflect the greater understanding of seismic hazard in that area.
The pathway used by territorial authorities to identify new earthquake-prone buildings after the initial identification period will be narrowed so that it captures only high-risk post-1976 buildings of heavy construction that were completed before commencement of this Bill, with authorisation required from the chief executive of the Ministry of Business, Innovation, and Employment.
In addition, earthquake ratings will no longer be used in the earthquake-prone building system, and the Bill introduces tiered and more cost-effective mitigation requirements to better reflect the actual level of risk of individual buildings. Some building types will have no remediation measure, while other buildings will require either targeted retrofit, façade securing, or full retrofit. This targeted approach will ensure that resources are focused on mitigating life-safety risk in the highest-risk buildings and areas.
To further reduce the cost of remediation, where a building consent application for an alteration to an earthquake-prone building relates only to seismic work, there will no longer be a requirement to comply with building code provisions relating to means of escape from fire and disability access and facilities as nearly as is reasonably practicable. However, territorial authorities will be required to consider and notify building owners of those provisions.
Similarly, earthquake-prone buildings undergoing a change of use will only be required to meet their mitigation requirement under the earthquake-prone building system rather than to be strengthened to a higher standard.
To ensure that building owners have sufficient time to carry out remediation, territorial authorities will be able to grant seismic work deadline extensions of up to 15 years.
The definition of priority building will be narrowed so it only includes buildings that could fall onto or impede thoroughfares or emergency routes. This will ensure that remediation is prioritised for buildings that pose a higher risk to the public.
Departmental disclosure statement
The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2025&no=238
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 29 September 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at—
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. Most of the Bill comes into force on 1 July 2027. However, clause 7 (to the extent that it relates to new sections 133E, 133P, and 133S), clauses 12 and 13, and Schedules 1 and 2 come into force on the day after the Bill receives Royal assent. New sections 133E, 133P, and 133S relate to definitions, buildings in low seismic zone areas, and a review of the earthquake status of buildings in light of this Bill. Clause 12 inserts, via Schedule 1, new Part 6 of Schedule 1AA (which contains transitional, savings, and related provisions). Clause 13 inserts, via Schedule 2, new Schedule 2A, which contains a map of the different seismic zones in New Zealand.
Clause 3 provides that the principal Act amended is the Building Act 2004 (the Act).
Part 1Amendments to Building Act 2004
Clause 4 makes significant changes to the main interpretation section of the Act. Among other matters, the definition of earthquake rating is repealed, new definitions of high seismic zone, low seismic zone, medium seismic zone, building within scope, engineering evaluation, and required remediation measure are inserted, and the definition of seismic work is replaced. Other definitions are updated.
Clause 5 amends section 112(3) to update a cross-reference.
Clause 6 amends section 115 to include a definition of structural performance, which includes seismic works that are a required remediation measure.
Clause 7 replaces subpart 6A of Part 2. New subpart 6A (special provisions for earthquake-prone buildings) sets out the new regime for earthquake-prone buildings.
New section 133A outlines the provisions in new subpart 6A.
New section 133B replaces the definition of building for the purposes of new subpart 6A and inserts a definition of building within scope. A building within scope is usually a building of one of 2 different types located within a high seismic zone or a medium seismic zone. The first type was designed before 1 January 1976 and is at least 3 storeys high and built of concrete or other heavy materials (as explained in the EPB methodology). The second type is an unreinforced masonry building (as explained in the EPB methodology). The EPB methodology is the methodology for earthquake-prone buildings set under new section 133ZI by the chief executive of the department administering the Act . There is also an expanded category of buildings that are buildings within scope for the purposes of certain of the new sections.
New section 133C replaces the existing definition of earthquake-prone building. Under new section 133C, in order to be earthquake-prone a building must be located in a medium or high seismic zone, and, in general, be one of 2 types of building. The first type was designed before 1 January 1976, is at least 3 storeys high and built of concrete or other materials (as explained in the EPB methodology), and is assessed, using the EPB methodology, as earthquake-prone. The second type is built of unreinforced masonry (as explained by the EPB methodology) and is assessed, using the EPB methodology, as earthquake-prone. Certain other buildings outside those 2 categories are also required to be treated as earthquake-prone.
New section 133D defines earthquake evaluation. New clause 133D also defines required remediation measure. There are 3 possible required remediation measures. The first is called facade securing. The second kind of required remediation measure is a targeted retrofit. The third kind of required remediation measure is a full retrofit. New section 133D(5) spells out in detail which kind of required remediation measure should be imposed for different kinds of buildings or buildings of the same kind with different characteristics, or buildings of the same kind and characteristics in different areas. In general, the requirements are less onerous for buildings located outside urban centres than those in urban centres.
New section 133E defines low seismic zone, medium seismic zone, and high seismic zone by reference to areas marked on a map in new Schedule 2A. The chief executive of the department administering the Act is required to publish and maintain a digital map on an internet site operated by or on behalf of the chief executive that is capable of being sufficiently enlarged to show which zone a particular property is in.
New section 133F defines priority building. The category of buildings specified as priority buildings is much narrower than that category under the current law (section 133AE). Under the present law, hospital buildings, buildings that are likely to be needed in an emergency for use as an emergency shelter or an emergency centre, buildings that are used to provide emergency response services, and buildings that are regularly used by at least 20 people for a variety of specified educational purposes are priority buildings, whereas they cease to be under the new definition. The only buildings that continue to be priority buildings under the new definition are those currently described in section 132AE(1)(e) and (f).
New section 133G sets out the role of a territorial authority whose district includes an area within a medium seismic zone, or a high seismic zone, in identifying priority buildings or potentially earthquake-prone buildings by using special consultative procedures under section 82 of the Local Government Act 2002. The new section adapts provisions in current section 133AF of the Act.
New section 133H, which is based on current section 133AG, requires every territorial authority to identify buildings within scope on or after 1 July 2017 that are potentially earthquake-prone. This obligation does not apply in respect of a building that, on the day after this Bill receives Royal assent, is in a low seismic zone. This new section substantially repeats current section 133AG. The deadlines for identifying those buildings are the same that apply immediately before 1 July 2027. The commencement dates for the start of those deadlines are the same that would have applied under the Earthquake-prone Buildings Amendment Act 2016.
New section 133I enables a territorial authority to identify certain buildings within its district as earthquake-prone after the expiry of the applicable time frame (as described in new section 133H(5)). However, the categories of buildings to which new section 133I applies are much more restrictive than under the current law. New section 133I applies only to a building in a medium seismic zone, or a high seismic zone, that was designed on or after 1 January 1976, on which construction was completed before 1 July 2027, and that is at least 3 storeys high and built of concrete or other heavy materials (as explained in the EPB methodology). If a territorial authority identifies one of those buildings as potentially earthquake-prone, it must consult the owner of the building and consider the response of the owner. The territorial authority must also consult the chief executive of the department administering the Act to find out whether the chief executive agrees that the building in question should be designated as earthquake-prone. The territorial authority may only designate a building as earthquake-prone under this section with the agreement of the chief executive.
New section 133J provides for a territorial authority conducting an earthquake evaluation under new section 133H of a building that was designed before 1 January 1976, that is at least 3 storeys high and constructed of concrete or other heavy materials (as explained in the EPB methodology), and that is identified as potentially earthquake-prone, to require the owner of the building to provide an engineering evaluation to the authority. This new section is based on current section 133AH.
New section 133K sets out the obligations of building owners on receiving a request under new section 133J. This new section is based on current section 133AI.
New section 133L enables building owners who have received a request for an engineering evaluation to apply to the territorial authority for an extension of time to obtain it. This clause is based on current section 133AJ.
New section 133M provides for a territorial authority conducting an earthquake evaluation of a building that is believed to be constructed of reinforced masonry and potentially earthquake-prone to request evidence or information about the building.
New section 133N sets out the obligations of building owners on receiving a request under new section 133M.
New section 133O provides for a territorial authority that receives an engineering assessment or evidence and information in response to a request under new section 133J or 133M to determine, in accordance with the EPB methodology, whether the building is earthquake-prone, and, if it is, whether it requires a remediation measure and, if so, what measure.
Cessation of earthquake-prone building status as result of 2025 amendment Act
New section 133P comes into force on the day after the date on which this Bill receives Royal assent. If, before this section comes into force, a building or a part of a building was an earthquake-prone building, but on that date the building is located in a low seismic zone, the building or part of the building ceases to be earthquake-prone. Furthermore, the relevant territorial authority must notify the owner of the building or part of the building that it has ceased to be earthquake-prone, and must remove the details of the building or the relevant part from the register for earthquake-prone buildings (the EPB register), and remove, or authorise the removal of, the EPB notice from the building.
New section 133Q comes into force on 1 July 2027. If, before this section comes into force, a building or a part of a building was earthquake-prone, but after this section comes into force the relevant territorial authority decides that the building (other than a masonry building) is not at least 3 storeys high or not built of concrete or other heavy materials (as explained in the EPB methodology), the building or part of the building ceases to be earthquake-prone. Similarly, if the territorial authority decides that a masonry building is not built of unreinforced masonry (as explained in the EPB methodology), that building or part of the building ceases to be earthquake-prone. Furthermore, the relevant territorial authority must notify the owner of the building or part of the building that it has ceased to be earthquake-prone, and must remove the details of the building or the relevant part from the EPB register and remove, or authorise the removal of, the EPB notice from the building.
New section 133R deals with the status of a building that, before 1 July 2027, was a priority building because it qualified as a priority building under section 132AE(1)(a) to (d) as it then read but on or after that date a territorial authority decides that it ceases to be a priority building as it does not qualify as a priority building under new section 133F(1)(a) or (b). The building ceases to be a priority building and the relevant territorial authority must notify the owner that the building is no longer a priority building and amend the details of the building and the deadline for completion of seismic work in the EPB register as necessary.
Review of building status in light of 2025 amendment Act
New section 133S comes into force on the day after the date on which this Bill receives Royal assent. New section 133S requires each territorial authority whose district includes an area that is in a low seismic zone to identify each building in the part of its district that is in a low seismic zone that is recorded in the EPB register as an earthquake-prone building and remove the details of each of those buildings from the EPB register. This obligation must be undertaken as soon as practicable after the commencement of this section. The new section also requires each territorial authority whose district includes an area in a medium seismic zone or high seismic zone to identify the earthquake status of each building in either zone that is recorded in the EPB register as an earthquake-prone building or as a priority building. This obligation must be undertaken as soon as is practicable after 1 July 2027.
Territorial authorities must make further decisions on certain matters
New section 133T requires a relevant territorial authority that decides under new section 133O, 133S, or 133ZB that a building to which new subpart 6A of Part 2 applies remains an earthquake-prone building to determine whether the building is also a priority building and which particular remediation measure, if any, is required.
Remediation of earthquake-prone buildings
New section 133U requires a territorial authority to issue an EPB notice for earthquake-prone buildings in certain circumstances outlined in new section 133U(1). The new section repeats the provisions of current section 133AL, in a modified form.
New section 133V sets out the various deadlines for the completion of required seismic work.
New section 133W enables an owner of an earthquake-prone building to apply to the relevant territorial authority for an exemption from a requirement to carry out seismic work. This section essentially carries over the provisions of current section 133AN.
New section 133X enables an owner of an earthquake-prone building to apply for an extension of time on 1 or more occasions to complete seismic work. The maximum total period of any extension that may be granted under this section in respect of a particular building is 15 years. New section 133Y sets out matters to which a territorial authority must have regard in making a decision to grant an extension under new section 133X. Those matters are the ownership structure of the building, the applicable required remediation measure, any steps already taken to plan or carry out the required seismic work, whether the building is a priority building, and the deadline for completion of any required remediation measure.
New section 133Z allows an application for an extension of time to be made under new section 133X even if the deadline for completing the seismic work expired before the commencement of new section 133Z. However, new section 133Z does not allow applications to be made if the deadline for completing seismic work expired on or after the commencement of new section 133Z. In other words, new section 133X operates retrospectively to a limited extent.
New section 133ZA sets out rules relating to the attachment of EPB notices on earthquake-prone buildings. The new section repeats current section 133AP in a modified form. EPB notices are not required to be attached to a building that is not subject to a required remediation measure.
New section 133ZB enables a territorial authority to assess evidence about the earthquake status of a building at any time, on the application of the building owner or on the initiative of the territorial authority. This new section is modelled on current section 133AQ. However, the section may not be used to identify as earthquake-prone a building that was not previously identified as earthquake-prone.
New section 133ZC provides that certain buildings that were formerly earthquake-prone but subsequently remedied or found not to be earthquake-prone may not again be declared to be earthquake-prone under new subpart 6A of Part 2.
Powers of territorial authorities in respect of earthquake-prone buildings
New section 133ZD enables a territorial authority to impose safety requirements in respect of a building in its district that the territorial authority has decided is earthquake-prone or that is required to be treated under new subpart 6A of Part 2as earthquake-prone. This provision is based on current section 133AR.
New section 133ZE enables a territorial authority to carry out, at the expense of the building owner, seismic work on an earthquake-prone building that is not completed by the required deadline. New section 133ZE is based on current section 133AS.
New sections 133ZF and 133ZG deal with alterations to buildings that are earthquake-prone and subject to an EPB notice. Again, there is a substantial change to the policy, as expressed in current section 133AT. Under new section 133ZG, on an application for a building consent for the alteration of an earthquake-prone building that is subject to an EPB notice to deal with the required seismic work, the territorial authority must allow the application for alteration of the building without requiring compliance with the provisions of the building code relating to escape from fire or disability access, if certain conditions are met. However, the territorial authority must draw those provisions to the attention of the building owner. Currently, the territorial authority has a discretion to require the building owner to comply with those provisions as a condition of granting a building consent for an alteration to the building to meet seismic requirements.
New section 133ZH creates offences in relation to earthquake-prone buildings. These are based on the offences in current section 133AU.
New section 133ZI describes matters that the methodology set by the chief executive to determine whether a building is within scope or is earthquake-prone must address. While new section 133ZI is similar to current section 133AV, the new methodology must address a greater number of matters than the current methodology is required to do.
New section 133ZJ deals with the consultation the chief executive must undertake before setting the new methodology.
Clauses 8 and 9 consequentially renumber sections 133A and 133B to take account of the numbering changes in new subpart 6A of Part 2.
Clauses 10 and 11 make consequential amendments to sections 275A and 401C.
Clause 12 and Schedule 1 insert new transitional provisions into Schedule 1AA of the Act.
Clause 13 and Schedule 2 insert a map of seismic zones as new Schedule 2A of the Act.
Part 2Amendments to other legislation
Clauses 14 to 24 and Schedule 3 amend the Building (Dam Safety) Regulations 2022, the Building (Infringement Offences, Fees, and Forms) Regulations 2007, and the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 to reflect changes made in new subpart 6A of Part 2 of the Act.
Hon Chris Penk
Building (Earthquake-prone Buildings) Amendment Bill
Government Bill
238—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Building (Earthquake-prone Buildings) Amendment Act 2025.
2 Commencement
(1)
This Act comes into force on 1 July 2027.
(2)
However, section 7 (to the extent that it relates to sections 133E, 133P, and 133S of the principal Act), sections 12 and 13, and Schedules 1 and 2 come 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:
2025 amendment Act has the meaning given to it by clause 18 of Schedule 1AA
building within scope has the meaning given to it by section 133B(3) and (4)
engineering evaluation, in relation to a building, means the evaluation of the building in accordance with the EPB methodology
high seismic zone has the meaning given to it by section 133E
low seismic zone has the meaning given to it by section 133E
medium seismic zone has the meaning given to it by section 133E
required remediation measure has the meaning given to it by section 133D(2)
(2)
In section 7(1), replace the definition of earthquake-prone building with:
earthquake-prone building has the meaning given to it by section 133C
(3)
In section 7(1), repeal the definitions of earthquake rating, 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 133V
(5)
In section 7(1), replace the definition of EPB methodology with:
EPB methodology means the methodology for identifying earthquake-prone buildings that is set by the chief executive under section 133ZI
(6)
In section 7(1), replace the definition of EPB notice with:
EPB notice means a notice issued under section 133U.
(7)
In section 7(1), replace the definition of seismic work with:
seismic work, in relation to a building within scope or a priority building that is subject to an EPB notice that includes 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 133V”
.
6 Section 115 amended (Code compliance requirements: change of use)
In section 115, insert as subsection (2):
(2)
For the purposes of this section, structural performance—
(a)
includes the seismic work that is a required remediation measure; but
(b)
does not include seismic work that would be in addition to, or more onerous than, the required remediation measure (if any).
7 Subpart 6A of Part 2 replaced
Replace subpart 6A of Part 2 with:
Subpart 6A—Special provisions for earthquake-prone buildings
Application and interpretation
133A Outline
(1)
Sections 133B to 133F relate to interpretation and define the key terms used in this subpart.
(2)
Sections 133G to 133O set out the procedures to be followed in identifying potentially earthquake-prone and earthquake-prone buildings and priority buildings.
(3)
Sections 133P to 133R set out the circumstances in which buildings cease to be earthquake-prone as a result of the 2025 amendment Act.
(4)
Sections 133S and 133T provide for a review of the earthquake status of certain buildings in light of the changes made by the 2025 amendment Act.
(5)
Sections 133U to 133ZC provide for the remediation of earthquake-prone buildings.
(6)
Sections 133ZD to 133ZG confer powers on territorial authorities in relation to earthquake-prone buildings.
(7)
Section 133ZH creates offences.
(8)
Sections 133ZI and 133ZJ provide for the issue of a methodology to be used as a tool for identifying buildings within scope, earthquake-prone buildings, and potentially earthquake-prone buildings.
133B Interpretation: building and building within scope
(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), a building includes—
(a)
a building that 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.
(3)
In this subpart, building within scope means a building—
(a)
that is in a medium or high seismic zone; and
(b)
in respect of which either of the following applies:
(i)
it was designed before 1 January 1976 and is at least 3 storeys high and built of concrete or other heavy materials (as explained in the EPB methodology); or
(ii)
it is built of unreinforced masonry (as explained in the EPB methodology).
(4)
For the purposes of sections 133S, 133T, and 133ZB, building within scope also includes a building—
(a)
that is in a medium or high seismic zone; and
(b)
in respect of which both of the following apply:
(i)
it was designed on or after 1 January 1976 and is at least 3 storeys high and built of concrete or other heavy materials (as explained in the EPB methodology):
(ii)
it was completed before 1 July 2027.
Compare: 2004 No 72 s 133A
133C Meaning of earthquake-prone building
(1)
A building within scope is an earthquake-prone building if—
(a)
the building is located in a medium or high seismic zone; and
(b)
either of the following applies:
(i)
the building was designed before 1 January 1976 and is at least 3 storeys high and built of concrete or other heavy materials (as explained in the EPB methodology), and is evaluated, using the EPB methodology, as an earthquake-prone building; or
(ii)
the building is built of unreinforced masonry (as explained in the EPB methodology) and is evaluated, using the EPB methodology, as an earthquake-prone building.
(2)
An earthquake-prone building also includes—
(a)
a building designated under section 133I as an earthquake-prone building; and
(b)
for the purposes of sections 133S, 133T, and 133ZB, any building referred to in section 133B(4)—
(i)
that is recorded in the EPB register as an earthquake-prone building; and
(ii)
that is required by any of those sections to be treated as an earthquake-prone building.
(3)
Whether a building within scope is earthquake-prone is determined by the territorial authority in whose district the building is situated (see sections 133I, 133O, and 133T).
Compare: 2004 No 72 s 133AB
133D Meaning of earthquake evaluation and required remediation measure
(1)
In this subpart, earthquake evaluation, in relation to a building within scope or another building, means any evaluation that the relevant territorial authority is required to make as to whether a building—
(a)
is a building within scope:
(b)
is earthquake-prone:
(c)
is a priority building:
(d)
if earthquake-prone, should be subject to a required remediation measure and, if so, which measure.
(2)
In this subpart, required remediation measure means one of the following:
(a)
facade securing, as explained in the EPB methodology:
(b)
a targeted retrofit, as explained in the EPB methodology:
(c)
a full retrofit, as explained in the EPB methodology.
(3)
The decision as to whether a building within scope is earthquake-prone—
(a)
is made by a relevant territorial authority,—
(i)
in the case of a building referred to in section 133C(1)(b)(i), in accordance with the EPB methodology (see section 133ZI):
(ii)
in the case of a building referred to in section 133C(1)(b)(ii) (an unreinforced masonry building), in accordance with the EPB methodology:
(iii)
in the case of a building referred to in section 133C(2), in accordance with the EPB methodology:
(b)
must be specified on the EPB notice issued for the earthquake-prone building (if required) and recorded in the EPB register:
(c)
determines the form of the EPB notice issued for the building within scope (if any) (see section 401C(1)(a)).
(4)
The determination of whether an earthquake-prone building should have a required remediation measure imposed, and, if so, which remediation measure,—
(a)
will depend on the EPB methodology; and
(b)
may vary according to the area the building is in (for example, whether it is in an urban centre or outside an urban centre (see subsection (5)) and other considerations described in the methodology.
(5)
For the purposes of the determination referred to in subsection (4),—
(a)
an earthquake-prone building that was designed before 1 January 1976 and is at least 3 storeys high and is made of concrete or other heavy materials (as explained in the EPB methodology) must have a targeted retrofit and be recorded in the EPB register:
(b)
an unreinforced masonry building outside an urban centre—
(i)
needs only to be recorded in the EPB register if the building is 1 or 2 storeys high; but
(ii)
must undergo facade securing if the building is 3 or more storeys high:
(c)
an unreinforced masonry building in an urban centre must—
(i)
undergo facade securing and be recorded in the EPB register if it is 1 or 2 storeys high:
(ii)
have a full retrofit and be recorded in the EPB register if the building is 3 or more storeys high.
(6)
An unreinforced masonry building referred to in subsection (5)(b)(i) must undergo facade securing (as explained in the EPB methodology) before its details can be removed from the EPB register.
(7)
For the purposes of this section, urban centre means any of the following described in Statistics New Zealand’s Functional urban areas – methodology and classification (2021):
(a)
a metropolitan area:
(b)
a large regional centre:
(c)
a medium regional centre.
Compare: 2004 No 72 s 133AC
133E 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 the area is in an area marked as seismically unrated on the map in Schedule 2A; and
(b)
in a medium seismic zone, if the area is in an area marked as a medium seismic zone on the map in Schedule 2A; and
(c)
in a high seismic zone, if the area is in an area marked as a high seismic zone on the map in Schedule 2A.
(2)
The chief executive must publish and maintain, on an internet site operated by or on behalf of the chief executive, a digital version of the map in Schedule 2A that is capable of being enlarged to a sufficient extent to indicate in which seismic zone an individual property is located.
(3)
The seismic zone of an area affects—
(a)
whether a territorial authority must apply the EPB methodology to identify earthquake-prone buildings in a particular zone; 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 133H); and
(ii)
report to the chief executive on its progress towards that objective; and
(c)
the deadline for completing seismic work on a building in the area, if it is subject to an EPB notice (see sections 133V and 133X).
Compare: 2004 No 72 s 133AD
133F Meaning of priority building
(1)
In this subpart, priority building means any of the following buildings that are located in a medium or 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 133G(3)(a):
(b)
a building that a territorial authority has identified under section 133G(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)
If only part of a building meets the criteria set out in subsection (1), only that part of the building is a priority building.
(3)
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 133H and 133I); and
(b)
the deadline for completing seismic work on the building or a part of the building if it is subject to an EPB notice (see section 133V).
Compare: 2004 No 72 s 133AE
Identifying priority buildings
133G Role of territorial authority in identifying certain priority buildings
(1)
This section applies to a territorial authority whose district includes any area that is in a medium or high seismic zone.
(2)
However, this section does not apply in respect of any building that, immediately before the day after the 2025 amendment Act received Royal assent, was in a low seismic zone.
(3)
The territorial authority,—
(a)
for the purpose of section 133F(1)(a) (prioritising parts of 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 those parts of unreinforced masonry buildings referred to in subparagraph (i); and
(b)
for the purpose of section 133F(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 a territorial authority is required by subsection (3)(a) or decides under subsection (3)(b) to use the special consultative procedure in section 83 of the Local Government Act 2002, it must use the procedure within a time frame that enables the territorial authority to meet the applicable time frame under section 133H(5) for identifying buildings within scope in its district that are potentially earthquake-prone and buildings that are priority buildings.
Compare: 2004 No 72 s 133AF
Identifying potentially earthquake-prone buildings
133H Territorial authority must identify potentially earthquake-prone buildings
(1)
This section applies to a territorial authority in respect of any building in its district that was or is a building within scope (within the meaning of section 133B(3))—
(a)
on or after 1 July 2017 but before 1 July 2027; or
(b)
on or after 1 July 2027.
(2)
However, this section does not apply in relation to any building that, on the day after the 2025 amendment Act received Royal assent, was in a low seismic zone.
(3)
The territorial authority must, within the applicable time frame under subsection (5), apply the EPB methodology to buildings to which this section applies to identify buildings that are potentially earthquake-prone.
(4)
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 district includes a medium seismic zone, but no high seismic zone, every 2 years; or
(b)
if the district includes a high seismic zone, every year.
(5)
The applicable time frame is the period commencing on the commencement date (as determined in accordance with subsection (6)) and ending on,—
(a)
for each 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; and
(b)
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.
(6)
The commencement date for every deadline that started running before 1 July 2027 is the same date that would have applied when the Building (Earthquake-prone Buildings) Amendment Act 2016 came into force (see clause 21 of Schedule 1AA for transitional provisions).
Compare: 2004 No 72 s 133AG
Identifying buildings after expiry of applicable time frame
133I Territorial authority may identify certain buildings after expiry of applicable time frame
(1)
This section applies in respect of any building—
(a)
in a medium seismic zone or a high seismic zone; and
(b)
that was designed on or after 1 January 1976; and
(c)
on which construction was completed before 1 July 2027; and
(d)
that is 3 or more storeys high and built of concrete or other heavy materials (as explained in the EPB methodology).
(2)
After the end of the applicable time frame (as defined in section 133H(5)), 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 under that methodology for an earthquake-prone building.
(3)
After making an identification under subsection (2), 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 20 working days); and
(b)
consider the matters contained in the owner’s response (if any); and
(c)
if it wishes to designate the building as an earthquake-prone building, consult the chief executive on whether they agree that the building be designated an earthquake-prone building.
(4)
As soon as practicable after receiving a consultation request under subsection (3), the chief executive must decide—
(a)
whether they agree with the authority’s identification and the designation of the building as earthquake-prone; and
(b)
whether a required remediation measure should be imposed, and the details of that measure.
(5)
The chief executive must not give their agreement to the proposed designation unless satisfied that the territorial authority has complied with subsection (3)(a) and (b).
(6)
The chief executive must notify the territorial authority whether they agree to the authority designating the building as an earthquake-prone building.
(7)
The territorial authority may designate a building as earthquake-prone only if the chief executive gives their agreement to that designation.
(8)
The applicable required remediation measure for a building designated under this section as earthquake-prone is the same as would have applied to a building designed before 1 January 1976, and sections 133D and 133U to 133ZJ and the other provisions of this subpart, to the extent that they relate to the completion of, exemption from, or non-compliance with, the required remediation measure apply accordingly, with any necessary modifications, as if the building were a building within scope.
(9)
The designation of the building as an earthquake-prone building has no legal effect until the date on which the territorial authority designates the building as an earthquake-prone building.
133J Territorial authority must request engineering evaluation of certain potentially earthquake-prone buildings
(1)
If a territorial authority conducting an earthquake evaluation under section 133H identifies a building as having been designed before 1 January 1976, being at least 3 storeys high and constructed of concrete or other heavy materials (as explained in the EPB methodology), and 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 133K; 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 133L 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
133K 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 133J, the owner must, by the due date for the engineering evaluation (which may be extended under section 133L),—
(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 or a part of a building as potentially earthquake-prone, the territorial authority must cancel the request for an engineering evaluation and give the owner of the building or part written notice of that fact.
Compare: 2004 No 72 s 133AI
133L 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 133J; 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
133M Territorial authority must request evidence or information about masonry buildings that may be earthquake-prone
(1)
If a territorial authority conducting an earthquake evaluation under section 133H 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 133N; 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.
133N Obligations of owners on receiving information or evidence or information request under section 133M
(1)
If a territorial authority asks the owner of what is suspected to be an unreinforced masonry building to provide evidence or information about the building under section 133M, the owner must, by the due date under section 133M(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
133O Territorial authority must determine whether building is earthquake-prone
(1)
If a territorial authority receives an engineering evaluation of a building or evidence and information in response to a request made under section 133J or 133M, the territorial authority must determine, in accordance with the EPB methodology,—
(a)
whether the building is earthquake-prone; and
(b)
if the building is earthquake-prone, the required remediation measure (if any).
(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)
issue an EPB notice for the building under section 133U; and
(b)
record the details of the decision in the EPB register, and update other information in the EPB register as necessary.
(4)
If a territorial authority asks the owner of a building or a part of a building to provide an engineering evaluation of the building under section 133J or for evidence and information under section 133M, 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 determined the building to be earthquake-prone.
Cessation of earthquake-prone building status as result of 2025 amendment Act
133P Earthquake-prone buildings in low seismic zones cease to be earthquake-prone
If, before this section comes into force, a building or a part of a building was an earthquake-prone building but on that date the area in which the building is located is in, or becomes part of, a low seismic zone,—
(a)
the building or part of the building ceases to be earthquake-prone; and
(b)
the relevant territorial authority must—
(i)
notify the owner of the building or part of the building that it has ceased to be earthquake-prone; and
(ii)
remove the details of the building or relevant part of the building from the EPB register; and
(iii)
remove, or authorise the owner of the building or relevant part of the building to remove, the EPB notice that is attached to their building.
133Q Certain other buildings cease to be earthquake-prone
(1)
This section applies if, before this section comes into force, a building or part of a building was an earthquake-prone building but after that date the relevant territorial authority decides that the building—
(a)
is not 3 or more storeys high and built of concrete or other heavy materials (as explained in the EPB methodology); or
(b)
is not built of unreinforced masonry (as explained in the EPB methodology).
(2)
The building or part of the building ceases to be an earthquake-prone building and the relevant territorial authority must—
(a)
notify the owner of the building or part of the building that it has ceased to be earthquake-prone; and
(b)
remove the details of the building or relevant part of the building from the EPB register; and
(c)
remove, or authorise the owner to remove, the EPB notice that is attached to their building.
133R Certain buildings cease to be priority buildings
(1)
This section applies if, before 1 July 2027, a building was a priority building because it qualified as a priority building under section 133AE(1)(a) to (d) (as it read before 1 July 2027) but, on or after that date, the relevant territorial authority decides that the building is no longer a priority building because it does not satisfy the criteria to be a priority building under section 133F(1)(a) or (b).
(2)
The building ceases to be a priority building and the relevant territorial authority must—
(a)
notify the owner of the building 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)
re-issue an EPB notice under section 133U, if necessary.
Review of building status in light of 2025 amendment Act
133S Territorial authorities must identify earthquake status of certain buildings
(1)
As soon as practicable after the commencement of this section, each territorial authority whose district includes an area that is in a low seismic zone must identify each building in that zone that is recorded in the EPB register as an earthquake-prone building and remove the details of each building from the register.
(2)
As soon as practicable after 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 as an earthquake-prone building or a priority building but is not—
(i)
a building within scope; or
(ii)
still a priority building; and
(b)
identify each building in either of those zones that is recorded in the EPB register as an earthquake-prone building or a priority building and is—
(i)
a building within scope; or
(ii)
still a priority building; and
(c)
evaluate each building—
(i)
described in paragraph (a) as not earthquake-prone or not a priority building, or both, as the case requires:
(ii)
described in paragraph (b) as earthquake-prone or a priority building or both, as the case requires.
(3)
The decision under subsection (2) must be made—
(a)
under section 133Q or 133R, as the case requires, and in accordance with the provisions of this subpart as they read on and after 1 July 2027; and
(b)
on the basis of information held by the authority; and there is no need for the authority to make any inquiries or consider submissions before making the decision.
(4)
If, as a result of the decision required by subsection (2), the relevant territorial authority decides that the building is not a building within scope or is not a priority building, or both,—
(a)
the building ceases to be an earthquake-prone building or a priority building, or both, as the case requires; and
(b)
the relevant territorial authority must—
(i)
notify the owner of the building that it has ceased to be an earthquake-prone building or a priority building, or both, as the case requires; and
(ii)
remove or amend the details of the building and update the deadlines for completing seismic work in the register for earthquake-prone buildings, accordingly.
(5)
If at the close of 30 June 2027 a building is classified as an earthquake-prone building and does not cease to hold that status as a result of a decision under subsection (2), it continues to be an earthquake-prone building unless the relevant territorial authority changes its status, on application by the owner or otherwise, under section 133ZB or otherwise.
(6)
The obligations imposed on a territorial authority by this section are separate from, and in addition to, the obligations imposed on that authority by section 133H.
Compare: 2004 No 72 s 133AK
Territorial authorities must make further decisions on certain matters
133T Relevant territorial authority must determine whether certain buildings to which this subpart applies are earthquake-prone or priority buildings
(1)
If a relevant territorial authority decides, under section 133O, 133S, or 133ZB, that a building to which this subpart applies remains an earthquake-prone building, the territorial authority must determine, in accordance with the EPB methodology and the other relevant criteria,—
(a)
whether the building is also a priority building; and
(b)
whether a remediation measure is required, and, if so, the particular remediation measure that must be undertaken.
(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 and requires a particular remediation measure to be undertaken, the territorial authority must promptly—
(a)
issue an EPB notice for the building under section 133U; and
(b)
record the details of the decision in the EPB register and update other information in the EPB register as necessary (for example, any change in the deadline for completion of seismic work); and
(c)
notify the owner of its decision.
(4)
If the territorial authority decides that a building is earthquake-prone but no remediation measure is required, it must record the details of the decision in the EPB register and update other information in the EPB register as necessary.
Remediation of earthquake-prone buildings
133U Territorial authority must issue EPB notice for earthquake-prone buildings
(1)
This section applies if—
(a)
a territorial authority makes any of the following decisions:
(i)
designating a building as earthquake-prone under section 133I:
(ii)
determining under section 133S or clause 2 of Schedule 1AA that a building within scope is earthquake-prone:
(iii)
revoking an exemption under section 133W(5):
(iv)
revoking an extension under section 133Y(3):
(v)
determining under section 133O, 133S, 133T, or 133ZB that the earthquake evaluation of a building within scope that is already subject to an EPB notice gives the building a different status from the earthquake evaluation (if any) of the building that is stated in the earlier notice or the EPB register; or
(b)
section 133Y(4) applies.
(2)
The territorial authority must promptly issue an EPB notice, which must—
(a)
be dated; and
(b)
be in the prescribed form; and
(c)
identify the building determined to be earthquake-prone; and
(d)
specify whether the building is a priority building; and
(e)
state whether the owner is required to carry out a remediation measure, and the details of that measure; and
(f)
state the deadline for completing any required seismic work (see sections 133V, 133X, 133Y, and 133Z); and
(g)
state that the owner of the building may apply under section 133W for an exemption from a requirement to carry out seismic work; and
(h)
if the building is a building to which section 133X applies, state that the owner may apply under that section for an extension of time to complete seismic work; and
(i)
state that the owner is not required to complete seismic work if the territorial authority determines or is satisfied, in accordance with section 1330, 133S, 133T, or 133ZB, that the building is not, or is no longer, earthquake-prone, or that there is no required remediation measure.
(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
133V 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 the 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 133X, the deadline is the expiry of the period of the extension or extensions, as measured from the date the extension or extensions are approved.
Compare: 2004 No 72 s 133AM
133W Owner may apply for exemption from requirement to carry out seismic work
(1)
The owner of an earthquake-prone building that is subject to an EPB notice may apply to a territorial authority for an exemption from the requirement to carry out seismic work on the building.
(2)
An application 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 by doing one of the following:
(a)
if the territorial authority is satisfied that the building has the prescribed characteristics (see section 401C(1)(b)),—
(i)
granting the exemption and issuing an EPB exemption notice; and
(ii)
recording the details of the exemption in the EPB register and updating other information in the EPB register as necessary; or
(b)
if not so satisfied, declining the exemption and notifying the owner in writing that the exemption has not been granted.
(4)
An EPB exemption notice must—
(a)
identify the earthquake-prone building that is subject to an EPB notice; and
(b)
state that the owner is exempt from the requirement to carry out seismic work on the building or part of the building; and
(c)
give the territorial authority’s reasons for granting the exemption.
(5)
The territorial authority may review an exemption at any time, and may revoke it if satisfied that the particular building no longer has the prescribed characteristics.
(6)
An exemption stays in force until the territorial authority revokes it.
(7)
As soon as practicable after revoking an exemption, a territorial authority must—
(a)
reissue an EPB notice under section 133U for the building; 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
133X Owners of certain buildings may apply for extension of time to complete seismic work
(1)
This section applies to a building that is earthquake-prone if the building is subject to an EPB notice.
(2)
The owner of the building may apply to the relevant territorial authority for an extension of time to complete seismic work on the building.
(3)
An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.
(4)
The territorial authority may, by notice in writing to the owner, extend by up to 15 years the deadline for completing seismic work that applies under section 133V.
(5)
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.
133Y Considerations to be taken into account when deciding to grant extensions to deadlines
(1)
In considering whether to grant any extension under section 133X, 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 deadline for the completion of the required remediation measure.
(2)
If the territorial authority grants an extension, the owner of the building must comply with any conditions imposed by the territorial authority for the purposes of managing or reducing the risks associated with the building.
(3)
If the owner fails to comply with subsection (2), the territorial authority may revoke the extension.
(4)
As soon as practicable after granting or revoking an extension, a territorial authority must—
(a)
reissue an EPB notice under section 133U for the building; and
(b)
record the grant or revocation of the extension in the EPB register and update other information in the EPB register, as necessary.
133Z Applications under section 133X may be made after deadline expiry
(1)
The owner of a building may apply for an extension under section 133X if the deadline for completing the seismic work expires before the commencement of this section.
(2)
However, if the deadline expires on or after the commencement of this section, no application under section 133X for an extension may be made after the expiry of that deadline.
(3)
If an extension is granted in the circumstances described in subsection (1), the period during which the seismic work must be completed runs from the date the extension is granted.
133ZA EPB notices and EPB exemption notices to be attached to earthquake-prone buildings
(1)
As soon as practicable after issuing an EPB notice or an EPB exemption notice for an earthquake-prone building, the territorial authority must—
(a)
attach, or require the owner of the building to attach, the notice in a prominent place on or adjacent to the building; and
(b)
remove, or authorise the owner of the building to remove, any superseded EPB notice or EPB exemption notice that is attached on or adjacent to the building.
(2)
Subsection (1) does not apply if there is no required remediation measure for the building, and the territorial authority must 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.
(3)
If an EPB notice or an EPB exemption notice 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 or the part of the building to which the notice relates must notify the territorial authority of that fact; and
(b)
the territorial authority must issue a replacement notice; and
(c)
subsection (1) applies to the replacement notice.
(4)
Subsection (3) does not apply if the removal of the notice is authorised by or under this subpart.
Compare: 2004 No 72 s 133AP
133ZB Territorial authority may assess information relating to earthquake-prone building status at any time
(1)
This section applies if, at any time, the owner of a building that is subject to an EPB notice or an EPB exemption notice sends to the relevant territorial authority—
(a)
evidence about the earthquake-prone status of the building; or
(b)
a request for a decision on whether a remediation measure is required or which remediation measure is required
(2)
As soon as practicable after receiving evidence about the earthquake-prone status of the building or whether a remediation measure is required for the building under this section, the territorial authority must determine, in accordance with the EPB methodology,—
(a)
whether the building is earthquake-prone; and
(b)
if the building is earthquake-prone, whether a required remediation measure should be imposed or confirmed and continued.
(3)
If the territorial authority determines or is satisfied that the building is not earthquake-prone (whether because of the completion of seismic work or otherwise), the territorial authority must promptly—
(a)
notify the owner in writing of its decision; and
(b)
if the building is already subject to an EPB notice or an EPB exemption notice,—
(i)
remove the details of the building from the EPB register; and
(ii)
remove, or authorise the owner to remove, any EPB notice or EPB exemption notice attached on or adjacent to the building.
(4)
If the territorial authority identifies that the building within scope is earthquake-prone or the building is required to be treated under this subpart as earthquake-prone, the territorial authority must promptly—
(a)
notify the owner in writing; and
(b)
if the building is not already subject to an EPB notice, issue an EPB notice for the building under section 133U; and
(c)
if the building is already subject to an EPB notice,—
(i)
if the required remediation measure has changed or no remediation measure is required, reissue an EPB notice under section 133U for the building; and
(ii)
if the required remediation measure for the building has not changed, notify the owner in writing of that fact; and
(d)
record the details of the decision in the EPB register and update other information in the EPB register as necessary.
(5)
Despite subsections (1) to (4), a territorial authority may not, under this section, identify as earthquake-prone a building that it has not previously identified as earthquake-prone.
Compare: 2004 No 72 s 133AQ
133ZC Certain buildings may not be identified as earthquake-prone
(1)
This section applies to a building that—
(a)
was designated as an earthquake-prone building on or after 1 July 2006; and
(b)
was subsequently determined to be no longer an earthquake-prone building (whether because of the completion of seismic work or otherwise) and was removed from the EPB register; and
(c)
has not subsequently been the subject of new information received by the territorial authority that would justify a reassessment of the building’s earthquake-prone status.
(2)
A territorial authority may not designate a building to which this section applies as an earthquake-prone building.
Powers of territorial authorities in respect of earthquake-prone buildings
133ZD Territorial authority may impose safety requirements
(1)
If a territorial authority determines that a building in its district is earthquake-prone and requires a 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 133U(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 133U(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
133ZE Territorial authority may carry out seismic work
(1)
This section applies if seismic work on a building that is earthquake-prone and subject to an EPB notice is not completed by the deadline that applies under section 133V, 133X, 133Y, or 133Z or is not proceeding with reasonable speed in the 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 an earthquake-prone building.
Compare: 12004 No 72 s 133AS
133ZF General alterations to buildings subject to EPB notice
(1)
This section applies instead of section 112 in relation to an application for a building consent for the alteration of a building that is subject to an EPB notice.
(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 necessary seismic work.
(3)
Despite subsection (2)(a), the relevant territorial authority—
(a)
may, by written notice to the owner of the building, notify the owner of the specified provisions of the building code relating to means of escape from fire and access and facilities for persons with disabilities (if this is a requirement in terms of section 118) and allow the alteration of the building without the building complying with those provisions if the territorial authority is satisfied that—
(i)
the alteration includes the necessary seismic work; and
(ii)
if the building were required to comply with the specified provisions, it would be unduly onerous for the owner in the circumstances; and
(iii)
the permitted non-compliance with the specified provisions is no more than is reasonably necessary in the light of the objective of ensuring that the building complies with any required remediation measure; and
(b)
when making the decisions required by paragraph (a)(ii) and (iii), must take into account the matters (if any) prescribed under section 401C(1)(d).
(4)
In this section, substantial alteration means an alteration that the territorial authority is satisfied meets the criteria prescribed in regulations made under section 401C(1)(c).
Compare: 2004 No 72 s 133AT
133ZG Seismic work alteration to buildings subject to EPB notice
(1)
This section applies instead of section 112 or 133ZF in relation to an application for a building consent for the alteration of a building that is subject to an EPB notice if, and only if, the alteration proposed in the application for the building consent is only in relation to the necessary seismic work for the building that is subject to an EPB notice.
(2)
The relevant territorial authority—
(a)
must, by written notice to the owner of the building, notify the owner of the provisions of the building code relating to means of escape from fire and access and facilities for persons with disabilities but must allow the alteration of the building without the building complying with those provisions if the territorial authority is satisfied that—
(i)
the alteration includes only the necessary seismic work; and
(ii)
after the alteration, the building will,—
(A)
if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or
(B)
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:
(b)
must consider the provisions of the building code relating to means of escape from fire and facilities for persons with disabilities, and draw them to the attention of the owner, but must not require the owner to comply with them.
Offences
133ZH Offences in relation to earthquake-prone buildings
Failure to complete seismic work
(1)
The owner of an earthquake-prone building that is subject to an EPB notice who fails to complete seismic work on the building by the deadline that applies under section 133V, 133X, 133Y, or 133Z—
(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 notices or EPB exemption notices
(2)
A person commits an offence if—
(a)
a territorial authority requires the person to attach an EPB notice or an EPB exemption notice on or adjacent to a building under section 133ZA; and
(b)
the person—
(i)
fails to attach the notice in accordance with that section; or
(ii)
attaches the notice otherwise than in accordance with that section.
(3)
A person commits an offence if—
(a)
the person is required under section 133ZA(3)(a) to notify the territorial authority when an EPB notice or an EPB exemption notice 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 133ZD(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 earthquake-prone buildings (EPB methodology)
133ZI Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology) and appropriate required remediation measure
(1)
The chief executive must set a methodology for identifying earthquake-prone buildings (the EPB methodology) that specifies how territorial authorities are to—
(a)
identify the buildings within scope or the buildings that should be treated as potentially earthquake-prone; and
(b)
identify whether a building within scope or a potentially earthquake-prone building is earthquake-prone and, if it is, any required remediation measure; and
(c)
identify the types of buildings that can or cannot be designated as earthquake-prone buildings; and
(d)
identify building features or characteristics to be used to identify earthquake-prone buildings.
(2)
The methodology—
(a)
may specify buildings within scope or classes of buildings within scope that are earthquake-prone; and
(b)
may specify a method of identifying buildings within scope or classes of buildings within scope that are, or are potentially, earthquake-prone buildings; and
(c)
must specify the requirements for an engineering evaluation of a building within scope or a building that is, or is potentially, earthquake-prone; and
(d)
must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building within scope is earthquake-prone or potentially earthquake-prone; and
(e)
may specify technical information to enable territorial authorities to identify the particular requirements of the appropriate remediation measure for an earthquake-prone building or a priority building; and
(f)
may specify how a required remediation measure can be met.
(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 133ZJ 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
133ZJ 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
8 Section 133A renumbered and amended (Dams to which subpart 7 provisions apply)
(1)
Renumber section 133A as section 133ZK.
(2)
In section 133A(1), replace “133B”
with “133ZL”
.
9 Section 133B renumbered (Measurement of dams)
Renumber section 133B as section 133ZL.
10 Section 275A amended (Content of EPB register)
(1)
In section 275A(1), delete “or part of a building”
.
(2)
In section 275A(1)(b), delete “or the part of the building”
.
(3)
In section 275A(1)(d), delete “or part”
.
(4)
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):
(5)
Replace section 275A(1)(e) with:
(e)
whether there is a required remediation measure for the building, and, if so, what it is:
(6)
In section 275A(1)(f), replace “section 133AM, 133AMA, 133AMB, or 133AMC”
with “section 133V or 133X”
.
(7)
In section 275A(1)(f), replace “section 133AN”
with “section 133W”
.
(8)
In section 275A(1)(g), replace “section 133AN”
with “section 133W”
.
(9)
In section 275A(1)(h), replace “section 133AO”
with “section 133X”
.
(10)
In section 275A(1)(h), replace “section 133AO(5)(b)”
with “section 133Y(2)”
.
(11)
Repeal section 275A(2).
11 Section 401C amended (Regulations: earthquake-prone buildings)
(1)
In section 401C(1)(a), replace “section 133AL”
with “section 133U”
.
(2)
Repeal section 401C(1)(a)(i).
(3)
In section 401C(1)(a)(ii), delete “or parts of buildings in each earthquake ratings category”
.
(4)
In section 401(C)(1)(a)(iii), delete “or a part of a building”
.
(5)
Replace 401C(1)(b) with:
(b)
prescribe 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 under section 133W from the requirement to carry out seismic work on the building:
(6)
In section 401C(1)(c), replace “purpose of section 133AT(2)(c)”
with “purposes of section 133ZF(4)”
.
(7)
Replace 401C(1)(d) with:
(d)
prescribe the matters that a territorial authority must take into account when making the evaluations required by section 133ZF(3)(b) (for the purpose of deciding whether to allow the alteration of a building that is subject to an EPB notice without complying with specified provisions of the building code):
12 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.
13 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
Amendment to Building (Dam Safety) Regulations 2022
14 Principal regulations
Section 15 amends the Building (Dam Safety) Regulations 2022.
15 Regulation 6 amended (Height of dam)
In regulation 6, replace “section 133B”
with “section 133ZL”
.
Amendments to Building (Infringement Offences, Fees, and Forms) Regulations 2007
16 Principal regulations
Section 17 amends the Building (Infringement Offences, Fees, and Forms) Regulations 2007.
17 Schedule 1 amended
(1)
In Schedule 1, replace “s 133AU(1)”
with “s 133ZH(1)”
.
(2)
In Schedule 1, replace “s 133AU(2)”
with “s 133ZH(2)”
.
(3)
In Schedule 1, item relating to s 133AU(2) of the Building Act 2004, delete “or EPB exemption notice”
.
(4)
In Schedule 1, replace “s 133AU(3)”
with “s 133ZH(3)”
.
(5)
In Schedule 1, replace “s 133AU(4)”
with “s 133ZH(5)”
.
Amendments to Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005
18 Principal regulations
Sections 19 to 24 amend the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.
19 Regulation 7 revoked (Moderate earthquake and ultimate capacity defined)
Revoke regulation 7.
20 Regulation 8 revoked (Categories of earthquake ratings)
Revoke regulation 8.
21 Regulation 9 amended (Form of EPB Notice)
Replace regulation 9(2) with:
(2)
For each earthquake-prone building, the notice must be in the form of Schedule 3 (black text on white) and be international standard size A4.
22 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 133W”
.
(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(3), definition of strategic transport routes, replace “section 133AE(1)(f)”
with “section 133G(3)(b)”
.
23 Regulation 11 amended (Alteration of building: what amounts to substantial alteration)
(1)
In regulation 11(1), replace “section 133AT(2)(c)”
with “section 133ZF(4)”
.
(2)
In regulation 11(1), delete “or a part of a building”
.
(3)
In regulation 11(3), definition of current application, replace “section 133AT(1)”
with “section 133ZF(1)”
.
24 Schedule 3 replaced
Replace Schedule 3 with the Schedule 3 set out in Schedule 3 of this Act.
Schedule 1 New Part 6 inserted into Schedule 1AA
s 12
Part 6 Provisions relating to Building (Earthquake-prone Buildings) Amendment Act 2025
18 Interpretation
In this Part, unless the context otherwise requires,—
2025 amendment Act means the Building (Earthquake-prone Buildings) Amendment Act 2025
commencement date means 1 July 2027.
19 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 7 of the 2025 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 133W; 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 133X.
20 Deadlines for previous low seismic risk zones unaffected
(1)
This clause applies to any area that at any time on or after 1 July 2017 but before the day after Royal assent of the 2025 amendment Act was in a low seismic risk zone but on and after that day is in a medium seismic zone.
(2)
The deadlines and applicable time frame for identifying potentially earthquake-prone buildings or completing seismic work in an area to which this clause applies are those that applied under subpart 6A of Part 2 (as it read when inserted by the Building (Earthquake-prone Buildings) Amendment Act 2016) for buildings in an area of low seismic risk, even though the area is now in a medium seismic zone.
21 Exemptions and extensions granted before 1 July 2027
If, before 1 July 2027, an exemption was granted under section 133AN (as it then read) or an extension to a deadline was granted under section 133AO (as it then read),—
(a)
the exemption, if it has not been revoked, is deemed to have been granted under section 133W:
(b)
the extension, if it has not expired, is deemed to have been granted under section 133X, but only for the period for which it was granted under section 133AO.
22 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 1 July 2027), the territorial authority—
(a)
is not required to carry out the same obligations again under section 133H; but
(b)
must carry out any obligations it has not completed under section 133AG before 1 July 2027, to the extent that it is required to do so by section 133H, and must carry out obligations (whether of a continuing nature or otherwise) arising on or after 1 July 2027 under section 133H.
23 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 1 July 2027 and work has commenced on completing the required seismic work before that date.
(2)
The owner may elect to—
(a)
seek an assessment of the building under section 133ZB; 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 must be treated for all legal purposes as no longer earthquake-prone.
24 Regulations providing for transitional matters
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
(a)
providing transitional and savings provisions concerning the coming into force of the 2025 amendment Act that may be in addition to, or in place of, the transitional and savings provisions in this Part:
(b)
providing that, subject to any conditions that may be specified in the regulations, during a specified transitional period,—
(i)
specified provisions of this Act (including definitions) do not apply:
(ii)
specified terms have the meanings given to them by the regulations:
(iii)
specified provisions repealed, amended, or revoked by the 2025 amendment Act continue to apply:
(c)
providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of any enactments replaced by the 2025 amendment Act.
(2)
No regulations made under this clause may be made, or continue in force, later than 2 years after the date of commencement of this clause.
(3)
Regulations made under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Schedule 2 New Schedule 2A inserted
s 13
Schedule 2A Map of low seismic zones, medium seismic zones, and high seismic zones in New Zealand
s 133E
Schedule 3 Schedule 3 of Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 replaced
s 24
Schedule 3 Form
r 9(2)
EPB notice
Earthquake-prone building
Notice under section 133U of the Building Act 2004
†[Name of territorial authority] has previously issued a written notice under section 124(2)(c)(i) of the Building Act 2004.
| †Delete if inapplicable. |
This notice is for the building situated at [address], [legal description of land where building is located].
Select the statement that applies.
*The building has been determined by [name of territorial authority] as earthquake-prone.
or
*[Name of territorial authority] has not determined if the building is earthquake-prone (because the owner of the building has not provided an engineering evaluation of information or evidence, as the case requires), but is proceeding as if it had evaluated the building as earthquake-prone.
| *Select one. |
Select the statement that applies.
*The building is a priority building (as defined in section 133F of the Building Act 2004).
or
*The building is not a priority building (as defined in section 133F of the Building Act 2004).
| *Select one. |
The owner of the building is required to carry out building work to ensure that the building is no longer earthquake-prone (seismic work). The owner is required to complete seismic work by [date].
The owner may apply to [name of territorial authority], under section 133W of the Building Act 2004, for an exemption from the requirement to carry out seismic work. The building must have certain characteristics to be granted an exemption.
Omit the following statement if inapplicable.
The owner may apply to [name of territorial authority], under section 133X of the Building Act 2004, for an extension of time to complete seismic work.
In the event that [name of territorial authority] determines or is satisfied, in accordance with section 133T or 133ZB of the Building Act 2004, that the building is not earthquake-prone, or that there is no required remediation measure, the owner is not required to complete seismic work.
Signature:
Position:
On behalf of: [name of territorial authority]
Date:
Versions
Building (Earthquake-prone Buildings) Amendment Bill
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