Premises & facilities

Building compliance, fire safety, resource consents and transport services

Are your buildings safe? Do you have clear fire safety and evacuation procedures? These details are easily overlooked. Getting it wrong can have serious (or even fatal) consequences and cause a public relations disaster. If you own, lease or even share space in a building you will have obligations. It’s important you understand them to avoid liability.

Multiple laws governing premises and facilities

Building compliance, fire safety and evacuation procedures, resource consents, and transport services licensing are all governed by separate laws. There are also electricity and gas laws to consider, as well as health and safety legislation, and many regulations. Having access, and giving your staff access, to modules and business tools makes it easy to protect your business’ future.

Get the complete guide to premises and facilities law in NZ

Premises and Facilities Law Made Easy gives you straightforward and practical guidance on issues relating to premises and facilities. It covers a wide range of areas from building compliance, fire safety and evacuation procedures, to resources consents and abatement notices, and transport services licensing. 

Available on subscription, the guide provides:

  • Essential elements of premises and facilities law for businesses
  • Key provisions of the legislation
  • Links to useful tools

 

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Does your building comply with the building code?

All building work must comply with the building code, whether or not a building consent is required for that building work. In many cases building projects are managed by a central body. Nevertheless, the Building Act promotes the accountability of people who have responsibilities for ensuring that building work complies with the building code, including owners.

Are tenants responsible for fire safety?

The many fire safety responsibilities don’t always sit with the building owner. Building owners are responsible for providing evacuation schemes for buildings covered by the Fire and Emergency New Zealand Act. However, the tenants and occupants of a building also have duties regarding evacuation procedures. Both the owner and tenants of a building must maintain the means of escape from fire. The owner or tenants may also be required to install portable fire extinguishers by Fire and Emergency New Zealand if the building meets certain criteria.

Do you have an evacuation scheme?

If you don’t have an evacuation scheme for the building you own, the District Court may order you to comply with the evacuation scheme requirements within a period of time that the Court thinks appropriate. The Court may also order that your building be closed until those requirements are met.

How can you reduce your risk?

With Dacreed's online compliance training you can train managers and staff on the premises and facilities law they need to comply with to help protect you and your business from prosecution. Once completed, the training also enables you to demonstrate a lower risk profile to insurers. This results in lower premiums – saving you and your business money. 

 

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Environmental health and communicable disease

It is an offence under the Health Act for a person to allow or cause a nuisance, for example:

  • Any ditch, watercourse or drain that is in an offensive state or likely to be harmful to health
  • Any premises that are in such a state that they’re likely to harbour rats or other vermin
  • Any street, right of way, yard or premises that is in an offensive state or likely to be harmful to health

If a nuisance is created, the owner and the occupier may be held responsible to reduce or remove the nuisance and prevent it recurring.

 

Resource consents

Whether an organisation requires a resource consent for a proposed activity will be determined by an appraisal of the relevant regional or district plan. A resource consent authorises certain activities that affect the environment or permits the use or development of natural and physical resources, provided that any conditions attached to the consent are complied with.

Equipment making excessive noise can be seized

In addition to the powers to issue abatement notices relating to unreasonable noise and to seek an enforcement order, the Resource Management Act contains provisions addressing excessive noise. An enforcement officer may issue an excessive noise direction requiring the immediate reduction of the noise to a reasonable level. If this isn’t complied with, the instrument, vehicle or machine causing the excessive noise may be seized and removed.

Do you need a transport service licence?

Anyone operating a passenger service is required to comply with the Land Transport Act and must hold a transport service licence. Transport service operators cannot run certain transport services, including small and large passenger services, unless they’re licensed to do so. They must also comply with the laws regarding work time and keeping logbooks, some of which carry onerous fines of up to $100,000 if not complied with.

Train your staff on premises and facilities law basics

Make sure your employees and managers are aware of their obligations with Dacreed's online compliance training. Employees are usually best placed to help you maintain safe premises and facilities.

 

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