Previous determinations

This determination discusses the interpretation of the natural hazard provisions in the Building Act 2004 (sections 71 to 74). The determination considers whether: building work amounts to "major alterations"; land on which the building work is to be carried out is likely to be subject to a natural hazard (specifically inundation); "adequate provision" has been or will be made to protect the land and building work.

This determination discusses the correct interpretation of the natural hazards provisions in the Building Act (sections 71 to 74). It considers whether measures to mitigate a rockfall natural hazard constitute “adequate provision” to protect the land and buildings from the hazard.

This determination considers whether alterations to a multi-level building on land subject to a natural hazard (flooding) are 'major alterations' in terms of section 71 of the Building Act. The authority was of the view that the alterations are major and granted building consent subject to a condition requiring notification on the property titles under section 73 of the Act. The determination discusses the relevant factors in assessing whether building work constitutes major alterations.

This determination considers whether land adjacent a coastal estuary is subject to a natural hazard; the hazard being inundation by rising sea level and by surface water flooding.  The applicants have built a house on the land under a building consent issued with section 73 condition.  The house has been specifically designed to mitigate the potential effects of any flooding on the building and the land.

This determination considers whether the building consent should have been issued subject to a section 73 condition, which requires notification of a natural hazard to be placed on the land title. The determination considers whether the land is subject to a natural hazard, and whether the building work was a ‘major alteration’. 

This determination considers whether a building consent issued to a previous owner for the construction of a new dwelling should have been issued subject to a section 73 condition requiring notification of a natural hazard to be placed on the land title.  The determination was sought by the current owner who believes the land is subject to inundation.  The determination considers whether the land is subject to a natural hazard and the information the authority relied upon in issuing the building consent.

Note: This determination is subject to clarification

This determination considers the lifting of an insanitary building notice and whether the building in its current state is insanitary or dangerous.  The determination also considers whether two building consents should have been granted subject to notification of the natural hazard inundation, and whether a notice to rectify should have been for building work that was not compliant with the Building Code and for building work carried out without building consent.

This determination considers an authority’s decision to grant building consent subject to a section 73 notice requiring a notice to be placed on the land title identifying the land as being subject to natural hazards - being erosion and inundation.  The subject property is adjacent to a river located in a rural setting. 

The granting of a building consent for alterations to an existing building subject to noficiation that the land is subject to a natural hazard at 102 Dillon Street, Waihi Beach

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the building work constituted a major alteration and whether section 72 would apply even if the building work was not a major alteration. The determination also considered whether it was reasonable to grant a waiver of Clause E1.3.2.