Building Act – Section 124

  1. If a territorial authority is satisfied that a building is dangerous, earthquake prone, or insanitary, the territorial authority may –
    1. put up a hoarding or fence to prevent people from approaching the building nearer than is safe
    2. attach in a prominent place on, or adjacent to, the building a notice that warns people not to approach the building
    3. give written notice –
      1. requiring work to be carried out on the building to reduce or remove the danger or prevent the building from remaining insanitary; and
      2. requiring the work to be carried out within a time stated in the notice (which must not be less than a period of 5 days after the notice is given under section 125 or a period reasonably sufficient to obtain a building consent if one is required, whichever period is longer); and
      3. advising the owner of the building that if the work is not carried out within the time stated in the notice, –
        1. a territorial authority may carry out the work required under the notice; and
        2. the owner of the building will be liable for the costs of the work carried out by the territorial authority unless the owner applies, within 5 days of the work being carried out, to a District Court for relief from the obligation to pay the territorial authority’s costs.
    4. issue a notice restricting entry to a building for particular purposes or restricting entry to particular persons or groups of persons.
  2. This section does not limit the powers of a territorial authority under this Part.
  3. A person commits an offence if the person fails to comply with a notice given under subsection (1) (c).
  4. A person who commits an offence under this section is liable to a fine not exceeding $200,000.

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