On 20 May 2022, Horowhenua District Council applied to the Minister for Building and Construction to designate, under the Building Act 2004, an area of the Horowhenua District to manage buildings that have been affected by a tornado. This designation was approved on 20 May 2022.
The decision to designate the area of the Horowhenua District will allow the Horowhenua District Council to manage any ongoing risks to people from buildings as a result of the event.
The Building Act 2004 sets out powers for managing buildings following an emergency and allows the Council to investigate building failures that did or could have caused serious injury or death.
The designation powers allow the Horowhenua District Council to:
- Carry out work to, or demolish, any buildings that pose an immediate risk to life, or risk damage or disruption to neighbouring buildings or public thoroughfares
- Require building owners to provide information, such as detailed engineering assessments to help determine the risks posed to buildings
- Require damaged buildings to be repaired or demolished on a case by case basis.
This designation will be reviewed every 90 days by Horowhenua District Council to confirm that the powers conferred by the designation are required to manage the response and recovery.
The designation will remain in place until 30 May 2025, unless terminated earlier.
National Building Response Management Plan
The Ministry of Business, Innovation and Employment (MBIE) has activated the National Building Response Management Plan to support the response to the emergency in the Horowhenua District.
The Building Management Response Team will continue to monitor activities in the designated area and consider options for further investigation.
Horowhenua District Council are still assessing the damage in their region.
Questions & Answers
What is a designated area?
The first step in managing affected buildings after an emergency is to establish a designated area, under section 133BC of the Building Act 2004.
A designated area is an area approved by the Minister for Building and Construction to allow a local authority to take specific actions under the Building Act to manage buildings in an emergency.
What will happen next?
Once a designated area is in place, the Building Act provides a number of special powers that may be exercised in respect of all buildings within the designated area.
The powers that can be used within a designated area provide a responsible person with authority to (among other things):
- Enter buildings;
- Complete post-event assessments;
- Direct the evacuation of buildings;
- Put in place measures for protecting buildings and keeping people at a safe distance;
- Place notices and signs on buildings;
- Direct the owners of building or land to provide information;
- Direct works (urgent and non-urgent) to remove or reduce risks;
- Direct works for long term use or occupation of a building.
Who is the responsible person with authority?
In this case, the Horowhenua District Council are the responsible person with authority.
How long will it be a designated area?
Until all buildings within the area are deemed safe. Horowhenua District Council will review the designation at least every 90 days, and notify the public of the outcome of this review.
A designation of an area can be in force for up to three years and can be subsequently extended one time for a further three years, during which certain powers may be exercised.
Why did the Minister for Building and Construction have responsibility to approve the designated area?
As there is no state of emergency (or transition period) in force under the Civil Defence and Emergency Management Act, the Minister for Building and Construction is the relevant decision-maker for designating the area (as per s113BC of the Building Act 2004).
When was the last time a designated area was established? What happened?
On 31 March 2022, Gisborne District Council designated the Tairawhiti Region to manage buildings that were affected by a flood event. The current designation will remain in place until 31 March 2025, unless terminated earlier.
A placard has been placed on my house, does this mean I can’t go home?
Information about the different placards and what they mean is available on MBIE's Rapid Building Assessment Resources web page.
A red placard means entry is prohibited.
What happens if a building owner or resident chooses to ignore Council instructions?
The Building Act sets out a number of offences and penalties for non-compliance when the Building Act powers are in place. The responsible person who has been designated for building emergency management has the powers to make decisions about non-compliance.
The powers for offences and penalties are in sections 133BR to 133BU, and 133BW and 133BX of the Building Act. The penalties include the ability for fines of between $5,000 and $200,000 to be imposed if a person intentionally fails to comply with the relevant provisions of the Building Act.
The Horowhenua District Council, as the responsible person, will consider the appropriate compliance approach.