Schedule 1AA Transitional, savings, and related provisions

ss 5A, 133AL, 133AM, 401C

Schedule 1AA: inserted, on 1 July 2017, by section 41 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Transitional provisions relating to Building (Earthquake-prone Buildings) Amendment Act 2016

1 Interpretation

In this schedule,—

commencement date means the day on which section 24 of the amendment Act (which inserts subpart 6A of Part 2) comes into force.

2 Notices given under section 124 before commencement date

(1)

This clause applies to a building or a part of a building if, before the commencement date, a territorial authority issued a written notice under section 124(2)(c)(i) (the old notice) requiring work to be carried out on the building or part, by a deadline stated in the old notice (the old deadline), to reduce or remove the danger associated with the building or part being earthquake prone (the seismic work).

(2)

If subpart 6A of Part 2 does not apply to the building (see section 133AA),—

(a)

the old notice is revoked on the commencement date; and

(b)

the territorial authority must notify the owner of the building of that fact.

(3)

If subpart 6A of Part 2 does apply to the building,—

(a)

the territorial authority is deemed to have determined that the building or the part of the building is earthquake prone; and

(b)

the territorial authority need not determine the earthquake rating of the building or part; and

(c)

the territorial authority must, as soon as practicable after the commencement date,—

(i)

issue an EPB notice for the building or the part of the building under section 133AL; and

(ii)

record the details of the building or the part of the building in the EPB register and update other information in the EPB register as necessary (but the territorial authority need not record the earthquake rating of the building or part); and

(d)

the deadline for completing the seismic work is determined as follows:

(i)

if the old deadline is earlier than the deadline calculated under section 133AM(2), the deadline for completing the seismic work is the old deadline (subject to subclause (5)); and

(ii)

if the old deadline is on or after the deadline calculated under section 133AM(2), the deadline for completing the seismic work is the deadline calculated under section 133AM(2); and

(e)

until the territorial authority issues an EPB notice, the old notice must be treated as if it were an EPB notice issued under this Act.

(4)

To avoid doubt, for the purpose of subclause (3)(d) the deadline calculated under section 133AM(2) is the expiry of the relevant period as measured from the date of the EPB notice and not from the date of the old notice.

(5)

If an old deadline is preserved by subclause (3)(d)(i) but the period given for completing the seismic work under the old notice is shorter than the relevant period specified in section 133AM(2) (for example, an old notice issued for a building in an area of medium seismic risk required the owner to complete seismic work within 20 years after the date of that notice, but the period specified in section 133AM(2) that is relevant to the building is 25 years),—

(a)

the owner of the building or the part of the building may apply to the territorial authority to have the relevant period specified in section 133AM(2) applied retrospectively to the date of the old notice (which would have the effect of extending the deadline for completing the seismic work); and

(b)

in deciding whether to grant the application, the territorial authority must have regard to the particular circumstances and any guidance issued by the chief executive under section 175 for that purpose; and

(c)

if the territorial authority grants the application, the deadline is the expiry of the relevant period specified in section 133AM(2), as measured from the date of the old notice and not from the date of the EPB notice.

(6)

If a territorial authority grants an application under subclause (5), the territorial authority must—

(a)

issue or reissue (as applicable) an EPB notice for the building or part under section 133AL; and

(b)

record the details of the decision in the EPB register and update other information in the EPB register as necessary.

3 Policy adopted under section 131 before commencement date

(1)

This clause applies to a policy under section 131 (policy on dangerous, earthquake-prone, and insanitary buildings) that is adopted by a territorial authority before the commencement date.

(2)

To the extent that the policy applies to earthquake-prone buildings, the policy ceases to apply on the commencement date.

(3)

As soon as is reasonably practicable after the commencement date, the territorial authority must amend or replace the policy to remove references to earthquake-prone buildings.

(4)

Section 132 applies to an amendment or a replacement made under subclause (3), except that the special consultative procedure in section 83 of the Local Government Act 2002 (see section 132(2)) does not apply unless the amendment or replacement materially affects the policy as it applies to dangerous and insanitary buildings.

4 Effect of certain references to parts of buildings

The fact that provisions added to this Act by the amendment Act refer separately to buildings and parts of buildings does not limit or affect any other provision of this Act in terms of how that provision applies in respect of parts of buildings.