Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 109 — Territorial authority must consider recommendation to amend compliance schedule
109 Territorial authority must consider recommendation to amend compliance schedule A territorial authority must, in relation to a recommendation made by a licensed building practitioner under…
Section 110 — Owner must obtain reports on compliance schedule
110 Owner must obtain reports on compliance schedule An owner of a building for which a compliance schedule has been issued must— (a) obtain annual written reports relating to the inspection,…
Section 111 — Inspections by territorial authority
111 Inspections by territorial authority (1) An agent of a territorial authority authorised for the purposes of this section is entitled, at all times during normal working hours, to inspect— (a) a…
Section 112 — Alterations to existing buildings
112 Alterations to existing buildings (1) A building consent authority must not grant a building consent for the alteration of an existing building, or part of an existing building, unless the…
Section 113 — Buildings with specified intended lives
113 Buildings with specified intended lives (1) This section applies if a proposed building, or an existing building proposed to be altered, is intended to have a life of less than 50 years. (2) A…
Section 114 — Owner must give notice of change of use, extension of life, or subdivision of buildings
114 Owner must give notice of change of use, extension of life, or subdivision of buildings (1) In this section and section 115 , change the use, in relation to a building, means to change the use of…
Section 115 — Code compliance requirements: change of use
115 Code compliance requirements: change of use An owner of a building must not change the use of the building,— (a) in a case where the change involves the incorporation in the building of 1 or more…
Section 116 — Code compliance requirements: extension of life
116 Code compliance requirements: extension of life (1) The owner of a building with a specified intended life must not extend its life without the written consent of the territorial authority. (2)…
Section 116A — Code compliance requirements: subdivision
116A Code compliance requirements: subdivision A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a…
Section 116B — Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire
116B Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire (1) No person may— (a) use a building, or knowingly permit another…
Section 117 — Definition for sections 118 to 120
117 Definition for sections 118 to 120 In sections 118 to 120 , unless the context otherwise requires, building includes— (a) parts of a building (including driveways, access ways, passages within…
Section 118 — Access and facilities for persons with disabilities to and within buildings
118 Access and facilities for persons with disabilities to and within buildings (1) If provision is being made for the construction or alteration of any building to which members of the public are to…
Section 119 — Compliance document for requirements of persons with disabilities
119 Compliance document for requirements of persons with disabilities (1) This section applies to— (a) the New Zealand Standard Specification No 4121 (the code of practice for design for access and…
Section 120 — Symbols of access must be displayed
120 Symbols of access must be displayed If any provision required by section 118 is made at a building in compliance with that section, a notice or sign that indicates in accordance with the…
Section 121 — Meaning of dangerous building
121 Meaning of dangerous building (1) A building is dangerous for the purposes of this Act if,— (a) in the ordinary course of events (excluding the occurrence of an earthquake), the building is…
Section 122 — Meaning of earthquake-prone building
122 Meaning of earthquake-prone building (1) A building is earthquake prone for the purposes of this Act if, having regard to its condition and to the ground on which it is built, and because of its…
Section 123 — Meaning of insanitary building
123 Meaning of insanitary building A building is insanitary for the purposes of this Act if the building— (a) is offensive or likely to be injurious to health because— (i) of how it is situated or…
Section 124 — Powers of territorial authorities in respect of dangerous, earthquake-prone, or insanitary buildings
124 Powers of territorial authorities in respect of dangerous, earthquake-prone, or insanitary buildings (1) If a territorial authority is satisfied that a building is dangerous, earthquake prone, or…
Section 125 — Requirements for notice given under section 124
125 Requirements for notice given under section 124 (1) A notice given under section 124(1)(c) must— (a) be fixed to the building concerned; and (b) state whether the owner of the building must…
Section 126 — Territorial authority may carry out work
126 Territorial authority may carry out work (1) A territorial authority may apply to a District Court for an order authorising the territorial authority to carry out building work if any work…
Section 127 — Building work includes demolition of building
127 Building work includes demolition of building Any work required or authorised to be done under section 124(1)(c) or section 126 may include the demolition of all or part of a building. Compare:…
Section 128 — Prohibition on using dangerous, earthquake-prone, or insanitary building
128 Prohibition on using dangerous, earthquake-prone, or insanitary building (1) If a territorial authority has put up a hoarding or fence in relation to a building or attached a notice warning…
Section 129 — Measures to avoid immediate danger or to fix insanitary conditions
129 Measures to avoid immediate danger or to fix insanitary conditions (1) This section applies if, because of the state of a building,— (a) immediate danger to the safety of people is likely in…
Section 130 — Territorial authority must apply to District Court for confirmation of warrant
130 Territorial authority must apply to District Court for confirmation of warrant (1) If the chief executive of a territorial authority issues a warrant under section 129(2) , the territorial…
Section 131 — Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings
131 Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings (1) A territorial authority must, within 18 months after the commencement of this section, adopt a…
Section 132 — Adoption and review of policy
132 Adoption and review of policy (1) A policy under section 131 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002 . (2) A policy…
Section 133 — Application of this subpart to dams
133 Application of this subpart to dams This subpart does not apply to— (a) a building that is a dam; or (b) a part of a building that is a dam.
Section 133A — Dams to which subpart 7 provisions apply
133A Dams to which subpart 7 provisions apply (1) Sections 157 to 159 apply to all dams. (2) The other provisions in this subpart apply only to large dams. Section 133A: inserted, on 15 March 2008,…
Section 134 — Owner must classify dam
134 Owner must classify dam (1) An owner of a dam must classify the dam according to the potential impact of a failure of the dam on persons, property, and the environment. (2) In classifying a dam,…
Section 135 — Owner must provide classification of, and certificate for, dam to regional authority
135 Owner must provide classification of, and certificate for, dam to regional authority (1) An owner of a dam must provide the regional authority in whose region the dam is situated with— (a) the…
Section 136 — Regional authority must decide whether to approve or refuse dam classification
136 Regional authority must decide whether to approve or refuse dam classification (1) A regional authority must, as soon as practicable after receiving a classification given by an owner to a dam…
Section 137 — Dam classification provided to regional authority by accredited dam owner deemed to have been approved
137 Dam classification provided to regional authority by accredited dam owner deemed to have been approved Despite sections 134 to 136 ,— (a) an accredited dam owner is not required to— (i) submit a…
Section 138 — Regional authority must require re-audit of dam classification that it refuses to approve
138 Regional authority must require re-audit of dam classification that it refuses to approve (1) If a regional authority refuses to approve the classification given by an owner to a dam,— (a) the…
Section 139 — Owner must review dam classification
139 Owner must review dam classification (1) An owner of a dam must review the dam's classification— (a) within 5 years after the regional authority approves, or is deemed to approve, the…
Section 140 — Requirement for dam safety assurance programme
140 Requirement for dam safety assurance programme (1) This section applies to an owner of a dam that has been classified under section 134 , or reclassified under section 139 , as— (a) a medium…
Section 141 — Content of dam safety assurance programme
141 Content of dam safety assurance programme A dam safety assurance programme must— (a) be in the prescribed form; and (b) meet the prescribed criteria and standards for dam safety.
Section 142 — Owner must provide dam safety assurance programme to regional authority
142 Owner must provide dam safety assurance programme to regional authority (1) An owner of a dam to whom section 140 applies must provide the regional authority in whose region the dam is situated…
Section 143 — Regional authority must decide whether to approve or refuse dam safety assurance programme
143 Regional authority must decide whether to approve or refuse dam safety assurance programme (1) A regional authority must, as soon as practicable after receiving a dam safety assurance programme,…
Section 144 — Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved
144 Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved Despite sections 140 to 143 ,— (a) an accredited dam owner is not required to—…
Section 145 — Regional authority must require re-audit of dam safety assurance programme that it refuses to approve
145 Regional authority must require re-audit of dam safety assurance programme that it refuses to approve (1) If a regional authority refuses to approve a dam safety assurance programme,— (a) the…
Section 146 — Review of dam safety assurance programme
146 Review of dam safety assurance programme (1) An owner of a dam to whom section 140 applies must review the dam safety assurance programme of a dam,— (a) in the case of a dam that has been…
Section 147 — Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme
147 Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme The requirements of sections 140 to 142 that apply to preparing a dam safety assurance programme apply…
Section 148 — Obligations of owner in relation to dam safety assurance programme
148 Obligations of owner in relation to dam safety assurance programme An owner of a dam for which a dam safety assurance programme has been approved, or is deemed to have been approved, must ensure—…
Section 149 — Who is recognised engineer
149 Who is recognised engineer (1) A recognised engineer is an engineer who— (a) has no financial interest in the dam concerned; and (b) is registered under the Chartered Professional Engineers of…
Section 150 — Owner of dam must supply annual dam compliance certificate
150 Owner of dam must supply annual dam compliance certificate (1) An owner of a dam for which a dam safety assurance programme has been approved, or is deemed to have been approved, must supply to…
Section 150A — Annual dam compliance certificate requirements not to apply to accredited dam owner
150A Annual dam compliance certificate requirements not to apply to accredited dam owner Section 150 does not apply to an accredited dam owner. Section 150A: inserted, on 15 March 2008, by section 30…
Section 151 — Register of dams
151 Register of dams Each regional authority must establish and maintain a register of dams in its district.
Section 152 — Information to be provided to chief executive
152 Information to be provided to chief executive Each regional authority and each owner of a dam must provide information to the chief executive in accordance with the regulations.
Section 153 — Meaning of dangerous dam
153 Meaning of dangerous dam A dam is dangerous for the purposes of this Act if the dam— (a) is a high potential impact dam or a medium potential impact dam; and (b) is likely to fail— (i) in the…
Section 153A — Meaning of earthquake-prone dam and flood-prone dam
153A Meaning of earthquake-prone dam and flood-prone dam (1) A dam is an earthquake-prone dam for the purposes of this Act if the dam— (a) is a high potential impact dam or a medium potential impact…