Building Act – Section 121

  1. A building is dangerous for the purposes of this Act if, –
    1. in the ordinary course of events (excluding the occurrence of an earthquake), the building is likely to cause –
      1. injury or death (whether by collapse or otherwise) to any persons in it or to persons on other property; or
      2. damage to other property; or
    2.  in the event of fire, injury or death to any persons in the building or to persons on other property is likely because of fire hazard or the occupancy of the building; or
    3. there is a risk that the building could collapse or otherwise cause injury or death to any person in the building as a result of an earthquake that generates shaking that is less than a moderate earthquake; or
    4. there is a risk that adjacent, adjoining, or nearby buildings or land could collapse (including collapse by way of rock fall, landslip, cliff collapse, or subsidence) or otherwise cause injury or death to any person in the building; or
    5. a territorial authority has not been able to undertake an inspection to determine whether the building is dangerous under paragraph (a) or (d).
  2. For the purpose of determining whether a building is dangerous in terms of subsection (1) (b), a territorial authority –
    1. may seek advice from members of the New Zealand Fire Service who have been notified to the territorial authority by the Fire Service National Commander as being competent to give advice; and
    2. if the advice is sought, must have due regard to the advice.

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