This paper reports on an empirical study of whether it is necessary to carry out design checks on the serviceability of normal-use non-domestic buildings in earthquakes in New Zealand. It is found that at the relevant hazard level, i.e. at a return period of 25 years, the highest intensity anywhere in New Zealand is Modified Mercalli VII (MM7). At that intensity, no loss of function (predictable by a serviceability design check) has been reported in any structures classified as Buildings Type III (brittle) or better, since the introduction of reinforced concrete construction. For normal-use non-domestic structures designed for the ultimate limit state earthquake loading, the author contends (with one interim proviso affecting 10 percent of the country) that serviceability can be deemed to be satisfactory for new buildings anywhere in the New Zealand.