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Compliance and enforcement of the earthquake-prone building system

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Building owners who do not comply with their territorial authority face infringement fees, fines, and a conviction.

If building owners do not comply with their requirements, the territorial authority has the power to issue infringements fees. 

Territorial authorities can issue a $1,000 infringement fee for the following offences to building owners who:

  • do not display an earthquake prone building notice or exemption notice, 
  • do not provide an engineering assessment, 
  • do not undertake seismic work within the time frames required, or
  • fail to notify the territorial authority when a notice becomes illegible.

Territorial authorities can also issue a $2,000 infringement fee if an earthquake-prone building is used or occupied contrary to a hoarding, fence or notice.

What offences are covered by the building infringement regulations also has information on the infringement system.

If the building owner hasn't paid the infringement fee or they haven't disputed the infringement notice by the due date on the reminder notice, then it may be referred to the District Court that is closest to where the infringement took place

When convicted, the following fines apply:

  • A fine of up to $20,000 if a building owner is convicted for failing to display an earthquake-prone building notice on their building, or failing to notify the territorial authority when a notice become illegible or not clear enough to be read.
  • A fine of up to $200,000 if a building owner fails to complete seismic work within the time frame on an earthquake-prone building notice can. Territorial authorities can also apply to the District Court for an order allowing them to carry out seismic work that has not been completed to deadline and recover the cost from the building owner.
  • A fine of up to $200,000 for the building owner of an earthquake-prone building that has a territorial authority notice restricting entry, and someone fails to comply with that notice.

The Building Act 2004 has detailed information on territorial authorities' powers - legislation.govt.nz

Building (Infringement Offences, Fees, and Forms) Amendment Regulations 2007 has detailed information about fees and offences - legislation.govt.nz

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: