Building consent procedure for Waitaki District (with particular
reference to land instability hazard risk at Moeraki)
The purpose of this document is to ensure that there is a consistent approach regarding the
consenting of building work on land subject to natural hazards in a manner that:
manages Council’s risks

ensures that future property owners are advised of the natural hazards affecting the
property

development is not unnecessarily restrained, and

the health and safety of building residents, subject to one or more natural hazards, is not
unduly compromised
Background
Legislative Requirements
The building consent authority (i.e. Council) is responsible for registering notices against
properties, which are subject to one or more natural hazards.
This power is contained under:

s.73 of the Building Act 2004, or under previous legislation, namely;

s.36 of the Building Act 1991; and

s.641A of the Local Government Act 1974
Such notices can be removed by Council, if a specialist report is accepted by Council, which
demonstrates that the natural hazard is no longer present.
When a property owner exercises his or her rights to build on land subject to a natural hazard,
Council is protected against civil liability under section 392 of the Building Act 2004, when it grants a
building consent pursuant to section 72.
In order to ensure that Council’s civil liability is protected, Council officers need to follow the
requirements of the Building Act 2004 and make sure that the effects of a section 73 notice on the
title of a property are clearly understood by the owner or owners of the land on which the building
is to be built.
What buildings are affected by this legislation?
All new buildings and major alterations are affected by sections 71-74 of the Building Act; the
nature of the alterations (i.e. whether they are minor or not), is assessed on a case-by-case basis.
What is a natural hazard in terms of the Building Act and what properties or
applications do these sections of the Act apply to?
Section 71(3) of the Building Act 2004 defines a natural hazard. See Appendix 2.
The definition of a natural hazard is not restrained by the requirements of the Building Code.
This section of the Building Act applies to all buildings regardless of use (i.e. residential and
commercial).
How can building work take place on land subject to one or more natural
hazards?
Section 71(1) of the Building Act requires the Council to refuse a building consent for building work
or major alterations to a building, if the land is subject to one or more natural hazards, or if the
building work will accelerate or worsen the adverse effects because of the natural hazard on that
land or other property. However, building work may take place if:

the natural hazard is sufficiently remote from the building work



the overland flow, or other natural hazard the land is subject to, is deemed to be not a natural
hazard, such as in the case of a constructed or designed overland flow path
the alterations to the building is not a major alteration
the land, building work and other property are able to be protected or damage to building
work restored, in accordance with section 71(2) of the Building Act.
Section 72 of the Building Act states that, despite section 71, the Council must issue a building
consent for building work on land subject to a natural hazard if:a)
The building work to which an application for a building consent relates will not
accelerate, worsen or result in a natural hazard on the land on which the building
work is to be carried out or any other property;
b)
The land is subject or is likely to be subject to one or more natural hazards; and
c)
It is reasonable to grant a waiver or modification of the Building Code in respect of
the natural hazard concerned
Where the Council issues a building consent under section 72, it must impose a condition on the
building consent and register a certificate under section 73 of the Building Act, when the building
consent is issued. These actions must occur every time a building consent is issued, irrespective of
any notices previously registered against the property, under the Building Act or any other
legislation.
What is a Building Consent? What is the New Zealand Building Code?
A building consent is Council approval for you to carry out work at a specified site and will
guarantee that the work detailed in the consent is compliant with the New Zealand Building Code.
The New Zealand Building Code is a set of rules that specify the minimum acceptable level of safety
for constructions such buildings and other structures. The main purpose of the Code is to protect
public health, safety and general welfare as they relate to the construction and occupancy of building
and structures. The code also sets out other requirements for building such as meeting minimum
requirements for durability, energy efficiency achieving performance standards for “usability” in some
areas.
All proposed buildings and structures must meet the requirements of the Code.
Why do I Need a Building Consent?
If you undertake building work that requires a building consent without the required consent, you
commit an offence under the Building Act and Council is empowered to take legal action against
those who undertake such illegal work. The unconsented work may also prove to be very costly to
put right as well as possibly impacting on people’s safety and welfare.
Building work in New Zealand is governed by legislation, primarily the Building Act 2004. You are
required under that Act to obtain a building consent to carry out building work (there are a few
exceptions).
Building work that requires a Building Consent
You will probably need a building consent if you intend to:

carry out any construction and/or alterations to the structure or envelope of a building

retaining walls over 2metres, garages and carports

carry out plumbing and drainage work other than minor work (see Building work that does
not require a Consent below)

make additions or alterations to a building used by the public

install a solid fuel heater, new or second-hand

demolish a building


relocate an old building
erect a marquee of more than 100m2 where they are for private use and above 50m2 where
they are intended for public use.
If you are planning a building project you are strongly advised to make an appointment with a
Building Inspector to discuss your plans. Inspectors are available for appointments between 8.30am
and 10.30am on Mondays, Thursdays and Fridays. The appointments are free and can be arranged by
ringing Council’s Customer Service Unit on 03 433 0300
Building work that does not require a Building Consent
Building work that does not require a building consent is detailed in Schedule 1 of the Building Act
2004 and the major items are listed on the attached Appendix 1 (this list is not exhaustive).
The Moeraki Situation
Moeraki Township is known as an area where ground movement has affected buildings and services.
The Building Act has provision for considering risk of natural hazards in sections 72 – 75 of the Act,
as noted above.
Waitaki District Council has adopted a geotechnical report from Tonkin and Taylor engineers that
identifies the potential risk of ground movement in Moeraki. This report is known as the Moeraki
Hazard Map 2012. The report provides recommendations for Council to consider in assessing
applications for building consent. The Moeraki Hazard Map report identifies all land at Moeraki as
falling into one of five risk categories: Very Low Risk, Low Risk, Moderate Risk, High Risk and Very
High Risk. The Hazard Risk Map identifies where Earthquake Commission insurance cover for the
building or section may not be provided according to risk level. These are described in the report
as follows:
Risk Category
Moeraki Landslip Risk Level Implications
Very Low Risk
Acceptable risk. Managed with normal site
investigations and design would be expected.
Low Risk
Usually acceptable risk. Treatment requirements
and responsibility to be defined to minimise or
reduce risk. EQC cover for new development
may be dependent on the treatment adopted.
Moderate Risk
Tolerable risk provided treatment plan is
implemented to reduce risks to a ductile
relocatable building. EQC cover is unlikely for
any building in this or any more severe risk
category.
High Risk
Detailed investigation and implementation of
treatment options required to reduce risk to
an acceptable level for a ductile relocatable
dwelling.
Very High Risk
Implementation of treatment options would be
necessary to consider development. Even then it
is likely to be to impractical, unsafe and
expensive even for relocatable buildings.
Engineering reports are required to support building consent applications in Moeraki.
How does this work in Practise? : The Building Consent Process
How do I apply for a Building Consent and what is needed?
An application form is available from Council’s Customer Service Unit and can also be downloaded
from Council’s web page.
Plans and specifications are required which show what you intend to do and the methods you intend
to use. Your plans and specifications must be sufficiently detailed to show how you will comply with
the building code. In most cases a person experienced with building design will have to have an input
into the plans.
Before submitting an application you are strongly advised to make an appointment with a Building
Inspector to discuss your plans. Inspectors are available for appointments between 8.30am and
10.30am on Mondays, Thursdays and Fridays. The appointments are free and can be arranged by
ringing Council’s Customer Service Unit on 03 433 0300. For the Palmerston area, a Building
Control officer will normally be in the Waihemo Service Centre at 54 Tiverton Street, Palmerston
every Tuesday afternoon. Please ring the Waihemo Service Centre 03 465 1106 to make an
appointment. The inspector will advise you how to complete the application and what supporting
information is required.
Content of engineering reports for building consent applications in Moeraki
Any building consent application for new buildings, or substantial extensions or alterations to
existing buildings requires a supporting preliminary assessment by an engineer familiar with the
issues and geology of Moeraki. This brief report is site specific and based on findings that are
determined after visiting the site, observing some soil conditions and reviewing geological reports
including the Moeraki Hazard Map 2012.
The content of the preliminary reports will include:
1.
Recommendations as to whether further detailed geotechnical investigation is required from a
CPEng geotechnical engineer to fully assess the risk and provide information for use in
structural design and other mitigation measures.
2.
Recommendations as to whether Section 72 of the Building Act applies and whether a consent
notice is appropriate under section 73.
3.
Specific recommendations for disposal of storm water to an appropriate outfall that does not
contribute to an acceleration or worsening of the overall ground movement hazard.
4.
Recommendations for the route of water and sewer services to the building which will
minimise the risk of rupture.
Detailed geotechnical reports
All sites in very high risk zones, and many sites in high risk zones, will likely be identified in the
preliminary reports as requiring a detailed geotechnical investigation and report from a CPEng
geotechnical engineer familiar with the issues and geology of Moeraki.
The content of the geotechnical report will include:
1.
Site specific commentary on the investigation methods and findings.
2.
Recommendations for any mitigation measures that may reduce the risk of movement.
3.
Recommendations as to whether Section 72 of the Building Act applies and whether a consent
notice is appropriate under section 73.
4.
Specific recommendations for disposal of storm water to an appropriate outfall that does not
contribute to an acceleration or worsening of the overall ground movement hazard.
5.
Recommendations for the route of water and sewer services to the building which will
minimise the risk of rupture. Also recommendations will be provided for methods and
materials for the services and for any long term monitoring requirements.
Structural engineering reports
Buildings will require some elements to be designed or assessed by a CPEng engineer as follows:
1.
An assessment of the building design in meeting the requirements of being ductile and
transportable according to risk of movement.
2.
Designs for foundations and foundation connections.
Submitting your Application
Submit your building consent application to Council’s Customer Services Unit and you will be
advised of the non-refundable deposit required. Your application will be considered once the deposit
is paid. You can start work after your application has been approved and you have paid the balance
of the amount owing. A Building Consent will be issued when your final invoice has been paid.
Pre-Assessment
Your application is pre-assessed. If you have had an appointment with an Inspector and you have
provided all the information required, your application will proceed from pre-assessment to being
logged into Council’s computer system. If you have not provided sufficient information or the
application form is incomplete it will be returned to you. A letter will advise what further
information is required to enable the application to be processed.
Processing of the Consent Application
Once logged into the computer system you will receive a letter advising you that the application has
been accepted and is being circulated around Council departments for input.
All reports and designs are commissioned by the applicant and the information provided in them is
for the applicant. Where reports indicate high levels of risk from the site or the design of the
building Council may ask for peer review of the engineering which would take place at the applicants
expense and with their consent.
If further information is required from you, you will be requested by letter to provide that
information. Council is required to process an application within 20 working days. If further
information is requested, the “clock” may be stopped waiting on the information.
Owner approves conditions prior to granting the consent.
Council will write to the applicant outlining a summary of the report findings, the design measures
proposed and identifying if consent is to be granted on condition of placing a section 73 notice on
the property certificate of title alerting of natural hazards. The owner (not an agent) must provide
written acknowledgement that they wish to still proceed under these conditions.
The section 73 notice protects Council from any associated liability as set out in section 392 of the
Building Act. Without such a notice associated with each building consent, Council will not obtain
the protection provided under section 392 of the Building Act. In this circumstance, registration of
any notices on the certificate of title may affect the owner’s ability to obtain appropriate insurance
cover.
You will be advised by letter that your application has been approved or if Council is unable to
approve the application. If approval is granted an invoice will be attached to the letter. The consent
will be issued when you pay the invoice. Once the invoice has been paid in full, you are able to start
work. Approval may lapse if the invoice is not paid and the consent issued within 6 months of the
approval. In such a circumstance, the proposal may require to be re-assessed.
Your consent will lapse if your building work does not commence within 12 months after the date of
issue of the consent. The building work is required to be considered by Council for a Code
Compliance Certificate within a two year period from the date of issuing your consent. An
extension of time may in some cases be granted by Council.
Inspections
To ensure that your building project is progressing in accordance with your consent, the work will
be inspected by Council’s building inspectors. The number and type of inspections required for your
project is contained within your consent document. It is your responsibility to advise the inspectors
when a particular item of work has been completed so that it can be inspected. At least 72 hours’
notice is required for an inspection to take place.
Final Inspection and Code Compliance Certificate
Once you have completed the building project, you should apply for a final inspection. A Building
Inspector will check that all the work has been completed to the approved plans and meets the
building code. You will be advised of any outstanding issues. Once all the work is completed
satisfactorily, you should apply for a Code Compliance Certificate to be issued.
A Code Compliance Certificate (CCC) is an official document from your Council that your building
work has been completed in accordance with your consent and the Building Code.
Good idea – To find out more about applying for a building consent and various other matters
relating to buildings go to http://www.dbh.govt.nz/publications-about-the-building-act-2004
or refer to Council’s website http://www.waitaki.govt.nz
2.islative requirements
Appendix 1 – Building work that does not require a building consent
Building work that does not require a building consent is detailed in Schedule 1 of the Building Act
2004 and the major items are listed below (this list is not exhaustive).
Removal/alteration of a wall that is non load-bearing and not a bracing element.
Awnings, pergolas or a verandah over a deck
Installation or replacement of windows, or exterior doors or roof windows, provided
structural elements are not modified
•
Alterations of dwellings for access purposes including doorway modifications and access
ramps but excluding wet area accessible showers.
•
Internal shop or office fit out where the work does not modify, or require modifications to,
any specified system or means of escape from fire.
•
Alterations to existing plumbing in bathrooms, kitchens, laundries, toilets, including minor
drainage alterations (e.g. shifting a gulley trap), but excluding new connections to services,
where work is carried out by a registered plumber in accordance with the Plumbers,
Gasfitters and Drainlayers Acts 1976 and 2006.
•
Erecting tents and marquees of up to 100m2 where they are for private use and up to 50m2
when they are intended for public assembly.
Good idea – To find out in detail what building work does not require a building consent go to
http://www.dbh.govt.nz/publications-about-the-building-act-2004
•
•
•
Appendix 2 – Sections 71-74 of the Building Act 2004
Limitations and restrictions on building consents: Construction of building on
land subject to natural hazards
71 Building on land subject to natural hazards
(1) A building consent authority must refuse to grant a building consent for
construction of a building, or major alterations to a building, if—
(a) the land on which the building work is to be carried out is subject or is
likely to be subject to 1 or more natural hazards; or
(b) the building work is likely to accelerate, worsen, or result in a natural
hazard on that land or any other property.
(2) Subsection (1) does not apply if the building consent authority is satisfied that
adequate provision has been or will be made to—
(a) protect the land, building work, or other property referred to in that
subsection from the natural hazard or hazards; or
(b) restore any damage to that land or other property as a result of the
building work.
(3) In this section and sections 72 to 74, natural hazard means any of the
following:
(a) erosion (including coastal erosion, bank erosion, and sheet erosion):
(b) falling debris (including soil, rock, snow, and ice):
(c) subsidence:
(d) inundation (including flooding, overland flow, storm surge, tidal effects,
and ponding):
(e) slippage.
Compare: 1991 No 150 s 36(1)
72 Building consent for building on land subject to natural hazards must be granted in
certain cases
Despite section 71, a building consent authority that is a territorial authority must grant
a building consent if the building consent authority considers that—
(a) the building work to which an application for a building consent relates
will not accelerate, worsen, or result in a natural hazard on the land on
which the building work is to be carried out or any other property; and
(b) the land is subject or is likely to be subject to 1 or more natural
hazards; and
(c) it is reasonable to grant a waiver or modification of the building code
in respect of the natural hazard concerned.
Compare: 1991 No 150 s 36(2)
Section 72: amended, on 15 March 2008, by section 13 of the Building Amendment Act
2008 (2008 No 4).
73 Conditions on building consents granted under section 72
(1) A building consent authority that is a territorial authority that grants a building
consent under section 72 must include, as a condition of the consent, that the
building consent authority will, on issuing the consent, notify the consent to,—
(a) in the case of an application made by, or on behalf of, the Crown, the
appropriate Minister and the Surveyor-General; and
(b) in the case of an application made by, or on behalf of, the owners of
Māori land, the Registrar of the Maori Land Court; and
(c) in any other case, the Registrar-General of Land.
(2) The notification under subsection (1)(a) or (b) must be accompanied by a copy
of any project information memorandum that has been issued and that relates to
the building consent in question.
(3) The notification under subsection (1)(c) must identify the natural hazard
concerned.
Compare: 1991 No 150 s 36(2), (3)
Section 73(1): amended, on 15 March 2008, by section 14 of the Building Amendment
Act 2008 (2008 No 4).
Section 73(2): amended, on 1 February 2010, by section 20 of the Building Amendment
Act 2009 (2009 No 25).
74 Steps after notification
(1) On receiving a notification under section 73,—
(a) the Surveyor-General or the Registrar of the Maori Land Court, as the
case may be, must enter in his or her records the particulars of the
notification together with a copy of any project information memorandum
that accompanied the notification:
(b) the Registrar-General of Land must record, as an entry on the
certificate of title to the land on which the building work is carried out,—
(i) that a building consent has been granted under section 72; and
(ii) particulars that identify the natural hazard concerned.
(2) If an entry has been recorded on a duplicate of the certificate of title referred
to in subsection (1)(b) under section 641A of the Local Government Act 1974 or
section 36 of the former Act, the Registrar-General of Land does not need to
record another entry on the duplicate.
(3) Subsection (4) applies if a building consent authority determines that any of the
following entries is no longer required:
(a) an entry referred to in subsection (1)(b):
(b) an entry under section 641A of the Local Government Act 1974:
(c) an entry under section 36 of the former Act.
(4) The building consent authority must notify the Surveyor-General, the Registrar
of the Maori Land Court, or the Registrar-General of Land, as the case may be,
who must amend his or her records or remove the entry from the certificate of
title.
Compare: 1991 No 150 s 36(5), (6), (7)
Section 74(1)(a): amended, on 1 February 2010, by section 21 of the Building
Amendment Act 2009 (2009 No 25).
Good idea – To find out in more detail what the rest of the Building Act 2004 says go to
http://www.legislation.govt.nz/act/public/2004/0072/latest/DLM306036.html