Heading: inserted, on 1 July 2017, by regulation 8 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2017 (LI 2017/136).
(1)
This regulation sets out the characteristics that a building or a part of a building must have for a territorial authority to grant an exemption, under section 133AN of the Act, from the requirement to carry out seismic work on the building or part.
(2)
The territorial authority must be satisfied that the building or the part of the building has all of the following characteristics:
Intensity of occupation and passage: nil to low or low to moderate (current)
the intensity of occupation and passage in and near the building or part meets the definition in Schedule 4 of—
nil to low intensity; or
low to moderate intensity; and
Intensity of occupation and passage: nil to low or low to moderate (expected)
the intensity of occupation and passage in and near the building or part is likely, for the foreseeable future, to meet the definition in Schedule 4 of—
Collapse of building or part in moderate earthquake unlikely to have certain impacts
either—
the collapse of the building or part in a moderate earthquake is unlikely to result in the death of, or injury to, more than a low number of persons in or near the building or on any other property because of the way in which the building or part is expected to collapse in a moderate earthquake; or
the following is true in respect of the building or part:
paragraphs (a)(i) and (b)(i) apply to it (which means that the intensity of occupation and passage in and near the building or part is, and for the foreseeable future is likely to be, nil to low intensity); and
if the building or part is adjacent to, adjoining, or nearby any other building or property, it is likely that the intensity of occupation and passage in and near the other building, or in, on, or near the other property is, and in the foreseeable future will be, nil to low intensity (in the case of property, with all necessary amendments); and
the collapse of the building or part in a moderate earthquake is unlikely to result in more than minor damage to any other property because of the way in which the building or part is expected to collapse in a moderate earthquake; or
the building or part is not, and is not likely in the foreseeable future to be, adjacent to, adjoining, or nearby any other building or property (excluding land); and
no strategic transport route would be impeded if the building or part collapsed in a moderate earthquake—
because of the way in which the building or part is expected to collapse in a moderate earthquake; or
because of the building’s or part’s lack of proximity to strategic transport routes; and
Not needed for use in emergency
the building or part is not likely to be needed for use for emergency services.
(3)
In this regulation,—
emergency services means the provision of any of the following in an emergency:
emergency shelter:
emergency centre:
emergency medical services:
emergency response services (for example, policing, fire, ambulance, and rescue services)
nil to low intensity and low to moderate intensity are defined in Schedule 4
strategic transport routes means all transport routes of strategic importance (in terms of an emergency response), if any, that the territorial authority has identified by the special consultative procedure in section 83 of the Local Government Act 2002 if initiated for the purpose of section 133AE(1)(f) of the Act.
Regulation 10: inserted, on 1 July 2017, by regulation 8 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2017 (LI 2017/136).