Building Act 2004

This section applies if a building inspector believes on reasonable grounds that—

a building does not comply with this Act or is unsafe; or

building work has been done otherwise than in accordance with this Act.

The building inspector may give the occupier of the building or the premises where the building work is located a written direction not to use the building or premises, or part of the building or premises, until the building or premises are made safe and comply with this Act.

If the building inspector believes on reasonable grounds that a building or building work is unsafe because work done or supervised by a builder was not done in accordance with this Act, the inspector may give the builder a written direction to take stated action to make the building or building work safe and comply with this Act.

A direction under this section may also require the person to give the building inspector information, in writing, about the building or building work.

However, a direction under this section must not require the evacuation of people from the building or premises.

The chief officer of an emergency service has the power to evacuate people or animals from a building or close any premises (see Emergencies Act 2004, s 34 (1) (l) and (m)).

Subsection (7) applies if—

a written direction under subsection (3) requires a person to do a thing; and

the person—

is not licensed, authorised or qualified to do the thing; or

if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

The person must arrange, and pay for, the thing to be done by someone who—

is licensed, authorised or qualified to do the thing; or

if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.

A person commits an offence if the person—

is given a direction under this section; and

fails, without reasonable excuse, to comply with the direction.