All problems

Institutional exemption · New Zealand

A New Zealand Act in force from 2024-11-26 added four years to every earthquake-prone building strengthening deadline that had not already passed — and as of 2025-09-29 about 5,800 buildings were still awaiting strengthening or demolition

Since 2017-07-01 New Zealand has run a national scheme that puts a legal deadline on individual buildings. A territorial authority assesses a building, issues an earthquake-prone building notice, records it on a national register, and from that point the owner has a fixed number…

Resolution status
not confirmed
Checked
2026-08-17
Evidence type
SecondaryPress reports and institutional documents
Outlet
not recorded
Authoring mode
Derived from press reports
Views
10

What is happening?

Since 2017-07-01 New Zealand has run a national scheme that puts a legal deadline on individual buildings. A territorial authority assesses a building, issues an earthquake-prone building notice, records it on a national register, and from that point the owner has a fixed number of years to strengthen the building or take it down. The period depends on the seismic risk area and on whether the building is designated a priority building: roughly 7.5 to 15 years in high seismic risk areas, 12.5 to 25 years in medium, and 35 years in low. Breach carries a penalty ceiling of NZD 200,000, with up to NZD 20,000 for each day a breach continues.

Two changes have moved that deadline, and a third would move who the deadline applies to.

The Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act, in force from 2024-11-26, added four years to every deadline that had not already passed as at 2024-04-02, and created a power to add up to two further years by Order in Council. The responsible minister gave the cost of strengthening as the reason, citing a figure of about a million dollars per apartment.

On 2025-09-29 the government announced a redesign of the scheme itself. The percentage of the New Building Standard that currently decides whether a building is in scope would be removed as the test, and low seismic risk areas — Auckland, Northland and the Chatham Islands — would leave the scheme entirely. At that date more than 8,000 buildings had been classified as earthquake-prone at some point and about 5,800 were still waiting for strengthening or demolition. On the figures released with the announcement, the redesign would take about 2,900 of those out of the scheme altogether, leave 1,440 needing only lower-cost work, leave 840 needing nothing, and leave about 80 buildings in the whole country still required to be strengthened in full.

The government presented the redesign as a move to a risk-based system, in which the New Building Standard percentage test gives way to targeting of the buildings said to carry the most risk, and put the saving in demolition, strengthening and compliance cost at NZD 800 million in one opened report of the announcement and NZD 8.2 billion in another. An industry association representing commercial property owners submitted to the select committee in support of the bill, including of the provision taking Auckland out of scope.

The bill giving effect to this was introduced on 2025-12-09, passed its first reading, and went to the Transport and Infrastructure Committee, where submissions closed on 2026-02-16 and oral hearings were held on 2026-03-12. It passed its second reading on 2026-06-30 and sits at the Committee of the whole House stage. As of 2026-08-17 it has not been enacted, and the register figures above are therefore projections of what the bill would do, not a record of what has happened.

Whose problem is this?

RoleWho
AffectedPeople who live in, work in, or pass beside the roughly 5,800 buildings still carrying an earthquake-prone building notice. No opened source counts them
Also affectedOwners of those buildings, who hold a strengthening obligation whose deadline has moved twice and whose scope is now proposed to change
Raised byThe Royal Commission of Inquiry that reported in 2012 · the professional body for engineers, which submitted on the bill · submitters to the select committee
DecidesParliament, which is holding the bill at the Committee of the whole House stage · the responsible minister and the government department administering the Building Act · territorial authorities, which issue the notices and enforce them
Bears the costBuilding owners, who pay for strengthening · occupants and passers-by, who carry the residual risk while the work is deferred · territorial authorities, which administer a register whose scope is being redefined

No source opened here counts the people who occupy or pass beside these buildings, and no step in the legislative process requires that count to exist. The register is a list of buildings. Everything the scheme measures, defers and now proposes to narrow is measured in buildings, so the group whose exposure the scheme was created to reduce is the one group that never appears as a number.

Where does this problem end?

AxisThis is the problemThis is not the problem
WhatThe erosion of an existing statutory obligation — deadlines already attached to identified buildings extended once by law, and the scope of the scheme now proposed to be redrawn so that most remaining buildings fall outside itWhether earthquake strengthening is technically effective. That is not in dispute here
Whether the cost of strengthening is worth the risk it removes. That is a value question sitting directly beside this file, and this file does not answer it
Who should pay — owner, tenant, ratepayer or central government. That is a distributive value question, and no position is taken here
Whether the reported saving figures are accurate. Their disagreement is recorded below, not resolved
WhoBuildings inside the scheme — commercial buildings, multi-unit residential buildings with three or more household units, and buildings used by the public, where a territorial authority has issued a noticeStandalone houses, which the scheme has never covered · buildings assessed and found not to be earthquake-prone
WhereNew ZealandSeismic retrofit obligations in other countries were not examined
WhenThe 2012 inquiry report through 2026-08-17, with the bill unenacted at that dateEffects after the bill comes into force, such as how many buildings actually leave the register, are later than this file
ScaleAbout 5,800 buildings awaiting work; about 80 projected to still require full strengtheningEarthquake recovery, rebuild consenting and insurance settlement are separate systems · seismic standards for dams, bridges and other infrastructure sit under separate law
ResponsibilityThe design and construction of buildings that later failed, and the professional or criminal consequences of that, are separate proceedings and are not what this file is about

The boundary matters because the disagreement here is not about whether these buildings are dangerous. A public authority has already assessed each one and put it on a register, which is a judgment the scheme itself made. What is in question is how long the obligation lasts and how many of the buildings it continues to apply to.

What is the state now, and what should it be?

Now

IndicatorValueAs of
Buildings ever classified as earthquake-pronemore than 8,0002025-09-29
Buildings awaiting strengthening or demolitionabout 5,8002025-09-29
Deadline extension already in lawfour years on every deadline not passed as at 2024-04-02in force 2024-11-26
Further extension available by Order in Councilup to two yearsin force 2024-11-26
Buildings that would leave the scheme entirely under the billabout 2,900projected, bill unenacted
Buildings that would need only lower-cost workabout 1,440projected, bill unenacted
Buildings that would need no actionabout 840projected, bill unenacted
Buildings nationally still requiring full strengtheningabout 80projected, bill unenacted
Areas proposed to leave the schemeAuckland, Northland, Chatham Islands2025-09-29
Reported saving from the redesignNZD 800 million in one opened source, NZD 8.2 billion in another2025-09-29
Stage of the billpassed second reading 2026-06-30, at Committee of the whole House2026-08-17
Penalty ceiling in the existing schemeNZD 200,000, plus up to NZD 20,000 for each day a breach continues2024
National count of penalties or prosecutions issued since 2017not found in any opened source2026-08-17

What it should be

The target state is written into the scheme itself and needs no outside standard to state it. Every building carrying an earthquake-prone building notice is to be strengthened to the required level or demolished before the date on its own notice, and that date is what the 2024 Act moved and what the bill would in many cases remove along with the notice. The scheme names no other goal. No opened source gives a target for how many buildings should be off the register by a given year, and none gives a target for how far exposure is meant to fall, so the only benchmark this file can use is the one the statute already sets for each individual building.

How big is it?

About 5,800 buildings, on the figures released on 2025-09-29, were still waiting to be strengthened or demolished, out of more than 8,000 ever classified. On the same figures, if the bill comes into force about 80 buildings in the entire country would still be required to be strengthened in full. The difference between those two numbers is the size of what the redesign would change.

The published breakdown and the total it is set beside do not cover the same set of buildings. About 2,900 leaving the scheme, 1,440 needing reduced work, 840 needing none and 80 needing full strengthening come to about 5,260, which is roughly 540 short of 5,800. The reported share of 55 percent for the 2,900 matches 5,260 rather than 5,800, which reads as though the four categories were drawn from the narrower total. No opened source says what the 5,800 figure includes that the breakdown does not, so every figure here is reproduced as published rather than adjusted to fit the others.

The number of people is not derivable. Every opened source counts buildings. None gives occupancy, employment or footfall for buildings on the register, and none breaks the register down by building use, so there is no second term to multiply the building count by. A car park building and a three-storey apartment building both count as one building on the register and carry entirely different exposure. The population file records this as not-derivable with the missing terms named, rather than filling it with an assumed number of occupants per building.

Under what conditions does it arise?

1. The obligation lives inside a date. The scheme sets a date for each building and the date is the whole of the obligation, so moving the date moves the obligation by the same amount without repealing a single duty. The 2024 Act did exactly that: four years added to every deadline not yet passed, in a single instrument, with a power to add two more by Order in Council.

2. Scope is set by a technical threshold, and a threshold can be redefined. Whether a building is in scope currently turns on its rating against the New Building Standard. The bill would remove that test. Changing the definition of who is captured achieves the same result as exempting them, but it reads as a technical amendment rather than as an exemption.

3. Risk is classified by region, so a region can be removed at once. Because the scheme grades seismic risk by area, taking low seismic risk areas out of scope removes a large block of the register in one step rather than building by building.

4. The cost is dated and the benefit is not. An owner can be quoted a strengthening price this year. The earthquake that the strengthening is for has no date, so one side of the comparison arrives as an invoice and the other as a probability. The stated reason for the 2024 extension was cost.

5. There is a penalty ceiling but no published record of enforcement. The scheme can fine up to NZD 200,000 and up to NZD 20,000 a day for a continuing breach. No opened source gives a national count of penalties or prosecutions actually issued since 2017, so how much the deadline was worth before it moved cannot be read from any source here.

6. A deferred deadline produces no event. Nothing is demolished, nothing is announced building by building, and nothing changes on any street on the day a deadline moves. The register stays in place with the same buildings on it and a later date beside each one.

What has been tried?

AttemptBy whomWhat was doneWhen
Royal Commission of InquiryRoyal Commission of Inquiry into Building Failure Caused by the Canterbury EarthquakesReported that the design of the building that collapsed with the largest loss of life did not meet the standards in force when it was built and used a pre-1980s non-ductile reinforced concrete method. The findings preceded the national identification and strengthening scheme2012-12
National earthquake-prone building schemeParliament, by amendment to the Building Act 2004Created the national register, the notice regime, statutory deadlines of 7.5 to 35 years by seismic risk area, and a penalty ceiling of NZD 200,000 with up to NZD 20,000 for each continuing dayin force 2017-07-01
Blanket deadline extensionParliamentAdded four years to every deadline not passed as at 2024-04-02 and created an Order in Council power to add up to two morein force 2024-11-26
Announced redesign of the schemeGovernmentAnnounced removal of the New Building Standard percentage test and removal of low seismic risk areas from scope, with about 2,900 of 5,800 buildings projected to leave the register2025-09-29
Bill introduced and referredParliamentBill introduced, passed first reading, referred to the Transport and Infrastructure Committee. Submissions closed 2026-02-16, oral hearings held 2026-03-122025-12-09 onward
Select committee stageTransport and Infrastructure CommitteeReport due 2026-06-16. An industry association representing commercial property owners submitted in support, including of the provision removing Auckland from scope2026
Second readingParliamentPassed 2026-06-30 and moved to the Committee of the whole House. Not enacted as at 2026-08-172026-06-30
Professional advocacy on the billThe professional body for engineersMaintained a public position on the reform through the select committee process2025-2026

Two of these went in one direction and the rest went in the other. The scheme was built to capture existing buildings that no new-build standard would ever reach, and every step since 2024 has reduced either how long that capture lasts or how many buildings it holds.

What was found?

FindingObserved valueEvidence grade
A national scheme with statutory strengthening deadlines is in forceyes, since 2017-07-01medium — one opened professional source describes the structure
Deadline bands by seismic risk area7.5 to 15 years high, 12.5 to 25 medium, 35 lowmedium — one opened source
Penalty ceilingNZD 200,000, plus up to NZD 20,000 for each continuing daymedium — one opened source
Four-year blanket extension enactedyes, in force 2024-11-26high — two opened sources agree on the substance and the date
Further two years available by Order in Councilyesmedium — one opened source
Stated reason for the extensioncost of strengthening, with a figure of about a million dollars per apartment attributed to the responsible ministermedium — one opened news source
Buildings ever classified as earthquake-pronemore than 8,000medium — one opened source
Buildings awaiting strengthening or demolitionabout 5,800high — two opened sources agree
Buildings projected to leave the scheme under the billabout 2,900medium — reported as 2,900 and separately as 55 percent, and those two do not reconcile
Projected remainder1,440 reduced work, 840 no action, about 80 full strengtheningmedium — two opened sources agree on the breakdown
Reported saving from the redesignNZD 800 million in one source, NZD 8.2 billion in anotherlow — two opened sources differ by roughly a factor of ten and neither acknowledges the other
Bill stage as at 2026-08-17passed second reading 2026-06-30, at Committee of the whole House, not enactedmedium — one opened legal source; the parliamentary bill history page returned a rendering error
Origin inquiry findings and the 2011 death toll185 deaths in the earthquake, 115 in the single building; inquiry reported 2012-12; authorities decided in 2017 not to bring chargeslow — taken from an encyclopedia entry. The inquiry report itself was not opened
National count of penalties or prosecutions under the scheme since 2017not foundabsent — no opened source carries it
People exposed in buildings on the registernot foundabsent — every opened source counts buildings only

Why is it still unsolved?

Institutional exemption — the obligation was created, it captured the buildings it was meant to capture, and it is now being narrowed from inside by ordinary legislation rather than being enforced or repealed.

An obligation that lives inside a date can be softened without repealing a single duty, because the duty stays on the page while the year it points at moves. That is what the 2024 Act did to every deadline that had not yet passed. Nothing was withdrawn, no building left the register, and no owner was released. Four years were added to a number, and the entire scheme continued to describe itself in exactly the same words as before.

The second part is that scope can be redefined without anything being repealed. The bill does not say that buildings in low seismic risk areas are exempt from strengthening. It removes the test that put them in scope and redraws the seismic risk map. The projected result is that most of the register leaves it, but the mechanism is a definitional change to a technical threshold, which reaches the public as an amendment to a standard rather than as a decision about several thousand identified buildings.

The third part is that the scheme produces no event when it retreats. A completed strengthening is visible on a street. A deferred deadline is visible nowhere. The register keeps the same entries, the notices stay on the buildings, and the only thing that changes is a date held in a database. So the two changes that have reduced the reach of this scheme since 2024 have each arrived without anything happening that a person walking past one of these buildings could see.

The fourth part is that no opened source records what the deadline was worth in practice. The scheme carries a penalty ceiling of NZD 200,000 and a daily addition for continuing breach, and no opened source records how often either has been used since 2017. An obligation whose enforcement record cannot be read from any source here also cannot be shown to have been weakened, because there is no baseline to compare against.

What observation would mean it is solved?

Candidates — (a) the count of buildings awaiting strengthening or demolition falls toward zero because the work was completed, with completions published (b) statutory deadlines stop moving, so that a deadline set in one year is still the deadline in the next (c) a published national record of enforcement under the scheme exists, showing how many notices were followed, how many were breached and what happened to the breaches.

(a) alone can be produced without any strengthening. The register count can fall because buildings were fixed, because buildings were demolished, or because the definition of what belongs on the register changed. Those three are indistinguishable in the total. A falling count is only evidence of a solved problem if the reason for each departure is published alongside it, and no opened source publishes departures by reason.

(b) alone measures stability and not safety. A deadline can hold still and still be far enough away that nothing happens before it. The 2024 extension moved deadlines that in the low seismic risk band already ran to 35 years from the date of the notice. A stable deadline in the 2050s is stable and is also, for anyone standing in the building this decade, indistinguishable from no deadline.

(c) alone counts enforcement and not exposure. A published enforcement record would settle whether the penalty ceiling is real, which is currently unknown. It would still say nothing about how many people occupy the buildings, because the register does not hold that and no source opened here supplies it.

The three have to be read together, and all three would still leave the same hole underneath. Until some source counts the people rather than the buildings, every observation available here measures the administration of the scheme and not the exposure the scheme exists to reduce.

What is it connected to?

Fills with researchnatural hazard adaptation and relocation policy, the insurance and lending treatment of buildings carrying an earthquake-prone building notice, seismic retrofit obligations for existing buildings in other jurisdictions, and heritage building protection where strengthening and preservation obligations meet. Relation type and evidence grade were not established in this round.

What these sources do not say

  • How many people are exposed. Every opened source counts buildings. None gives occupancy, employment or footfall for buildings on the register, and none splits the register by building use, so the exposure the scheme exists to reduce has no published number at any point in this file.
  • What the 5,800 figure covers that the breakdown does not. The four projected categories total about 5,260 against a stated 5,800, and the reported share of 55 percent for the 2,900 matches the smaller total rather than the larger one. No opened source says what the remaining 540 or so buildings are, or whether the breakdown was drawn from a different set.
  • Which saving figure is correct. One opened source reports about NZD 800 million and another about NZD 8.2 billion for the same redesign. Neither states its basis and neither acknowledges the other.
  • Whether anyone outside government checked the projections. No opened source records an independent review of the 2,900 figure or the saving estimate by an audit office, a parliamentary analysis unit or any other body outside the department that produced them. That is an absence in the sources opened here, not a finding that no such review exists.
  • How many of the 5,800 are already past their deadline. The sources record buildings as awaiting work and do not divide them into those still inside their statutory period and those beyond it.
  • How often the scheme has been enforced. The penalty ceiling appears in the sources as a feature of the law. No opened source gives a national count of penalties issued or prosecutions brought since 2017.
  • What individual councils hold. Territorial authority registers were not among the sources that could be read here; the council pages approached returned no usable response, so only national figures are carried.
  • The government position in its own words. The official release announcing the redesign is not among the sources opened here, and neither is the government department page carrying the register definitions. The stated reasons — cost, and a shift to a risk-based system — reach this file only through news reports and professional commentary that describe them.
  • What happens to a building that leaves the register. No opened source says whether a building removed from scope retains any assessment record, any disclosure obligation to tenants or purchasers, or any route back into the scheme if the seismic risk classification of its area changes again.

See the evidence

ItemSourceConfirmation
Four-year blanket extension in force 2024-11-26 · Order in Council power for up to two further years · statutory deadline bands of 7.5 to 35 years by seismic risk area · penalty ceiling of NZD 200,000 with up to NZD 20,000 per continuing dayBell Gully, legal insight note2026-08-17
Redesign announced 2025-09-29 · more than 8,000 ever classified · about 5,800 awaiting work · about 2,900 leaving the scheme · 1,440 reduced work · 840 no action · about 80 still requiring full strengthening · reported saving1News2026-08-17
Proposed risk-based replacement system · extension provisions in the bill · retrospective application clausesBell Gully, legal insight note on the proposed system2026-08-17
About 5,800 awaiting work · 1,440 · 840 · about 80 · reported saving of NZD 8.2 billion · reclassification of seismic risk areasNZ Herald2026-08-17
Bill introduced 2025-12-09 · submissions closed 2026-02-16 · oral hearings 2026-03-12 · expected timing of the reformEngineering New Zealand, advocacy page on the reform2026-08-17
Second reading passed 2026-06-30 · Committee of the whole House stage · detail of the seismic risk area reclassificationAnderson Lloyd, legal insight note2026-08-17
Commencement date 2024-11-26 of the extension Act · cost given as the reason for the extension, with a figure of about a million dollars per apartment attributed to the responsible minister · third readingRNZ2026-08-17
Select committee report due 2026-06-16 · industry association position in support · the provision removing Auckland from scopeProperty Council New Zealand, news page2026-08-17
2011 earthquake death toll of 185, of which 115 in a single building · 2012-12 Royal Commission finding on the design of that building and the construction method used · 2017 decision by authorities not to bring chargesWikipedia, Canterbury Television Building2026-08-17
National register totals and the official definitions of the seismic risk gradesBuilding Performance, the government department site for the Building ActURL not confirmed: automated retrieval returned an empty response, consistent with bot filtering on this government host
The official announcement of the 2025-09-29 redesign in the words of the governmentBeehive.govt.nz, government releaseURL not confirmed: automated retrieval returned an empty response
Bill history, including the exact dates of first and second reading as recorded by ParliamentNew Zealand Parliament, bills pageURL not confirmed: the page returned a rendering error, consistent with a script-driven page

No primary legal or government document was read in full. The Building Act provisions, the 2024 amending Act, the bill text and the register itself are described here only through professional and news sources that cite them, and the three rows above with no URL are the primary and official pages that could not be retrieved. That matters most for two things. First, the register figures of more than 8,000 and about 5,800 come from reporting of a government announcement rather than from the register, so no figure here has been checked against the register it describes. Second, the projections of 2,900, 1,440, 840 and 80 are what the government said the bill would do, and they are reproduced as projections because the bill was not law at 2026-08-17. Where sources overlap they agree: the extension of four years and its commencement date appear in two opened sources, the figure of about 5,800 buildings awaiting work appears in two, and the breakdown of 1,440 and 840 and about 80 appears in two. Where they disagree the disagreement is left visible rather than resolved — the reported saving is about NZD 800 million in one opened source and about NZD 8.2 billion in another, and the projected departures from the register are given both as a count of 2,900 and as a share of 55 percent, which do not describe the same quantity out of 5,800. The arithmetic gaps noted in this file are between figures as published and are not adjustments made here. This is a Path A output, research-based definition, so observation_refs is empty and provenance_mode: press-derived.

This table holds 12 evidence rows, 9 of which carry a source you can open · 8 distinct sources. How this table is made

People affected

Estimated range Not derivable

The reason and what is missing are listed under “What is missing” below

What is missing 2

Grouped by how it gets filled, not by block number — that axis is the only one that tells a reader what can be done next.

1Fills with researchThe material exists. We simply have not looked yet.
  • Section
    What is it connected to?

    natural hazard adaptation and relocation policy, the insurance and lending treatment of buildings carrying an earthquake-prone building notice, seismic retrofit obligations for existing buildings in other jurisdictions, and heritage building protection where strengthening and preservation obligations meet. Relation type and evidence grade were not established in this round.

    Fills with research
1Needs a new measurementNo published source carries this value. Someone has to count it.
  • Derived value
    The affected population could not be derived

    Every opened source counts buildings and none counts people. The register of earthquake-prone buildings holds about 5,800 entries awaiting strengthening or demolition as at 2025-09-29, but no opened source gives occupancy, employment or footfall for those buildings, so the chain from a building count to a count of exposed people has no second term. Multiplying the building count by an assumed number of occupants would be a number this file invented, not a number any source supports.

    An occupancy, employment or daily-visitor figure for buildings carrying an earthquake-prone building notice, whether per building or as a national total; a breakdown of the register by building use, since a car park building and a multi-unit residential building count identically on the register and carry entirely different exposure; and a split of the register between buildings still inside their statutory period and buildings already past it, which no opened source provides.

    Needs a new measurement

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