Natural Hazards Tip

The Building Act states that a building consent authority must refuse to grant a building consent for work on land subject to:

one or more natural hazards, or,
if it is likely to accelerate, worsen, or result in a natural hazard on that land or any other property,

The Building Act defines a natural hazard as land subject to:

erosion (including coastal erosion, bank erosion, and sheet erosion)
falling debris (including soil, rock, snow, and ice)
subsidence
inundation (including flooding, overland flow, storm surge, tidal effects, and ponding) slippage.

Note that hazards such as tsunamis or earthquakes are not considered ‘natural hazards’ under the Act.

The factors involved for consent of work subject to a natural hazard are:

how remote the hazard is from the work,
whether the hazard is ‘natural’ or not,
whether the alterations involved are major or not,
whether the work, land, or property can be protected from the hazard,
whether any damage can ultimately be restored.

If an application is refused on natural hazard grounds (section 71), a waiver or modification may be granted under section 72 of the Act.

A section 72 waiver or modification must have a section 73 notification, a template for which can be found here.

This notification must have information on the hazard, on the consent, and also on any PIMs information that had been issued.

This notification goes, in most cases, to the Registrar-General of Land, but can also go to the Registrar of the Māori Land Court (for Māori land) or the appropriate Minister and the Surveyor-General (if the Crown is involved).

Farmers Mutual Group Association Ltd v Watson CA1/01, 23 August 2001

Also see the High Court judgement in this line of cases: Auckland City Council v Logan HC Auckland AP77/99, 1 October 1999
These lines of cases inform the meaning of 'land on which the building work is to be carried out' and also what is 'subject to natural hazards'.

Maruia Soc v Whakatane DC (1991) 15 NZTPA 65(HC)

This case informs the meaning of 'inundation'.

David Allen & Sons Billposting Ltd v Drysdale [1939] 4 All ER 113

This case informs the interpretation of 'subsidence'.

2021

2021/013: Regarding the proposed granting of a building consent for an alteration to a building on land subject to a natural hazard

Whether building work was "major alterations"; land subject to inundation, whether "adequate provision" has been or will be made to protect the land and building work.

2021/004: Regarding the proposed decision to grant a building consent conditional on a natural hazard being recorded on the property title

Whether measures to mitigate a rockfall natural hazard were “adequate provision” to protect the land and buildings from hazard.

2020

2020/024: Regarding the grant of a building consent for alterations to a building

Multi-level building on land subject to a natural hazard (flooding), whether 'major alterations'.

2019

2019/067: The decision to grant a building consent subject to notification under section 73 for a site adjacent to a coastal estuary

Whether land adjacent a coastal estuary is subject to a natural hazard of rising sea level and surface water flooding, consent issued with section 73 condition, house specifically designed to mitigate the potential effects of any flooding.

2019/059: Regarding the issue of a building consent with a section 73 condition

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

2019/034: Granting a building consent for the construction of a dwelling without requiring notification under section 73 of the Building Act

Whether building consent issued to a previous owner for the construction of a new dwelling should have been issued on section 73 condition requiring notification of a natural hazard on the land title, land subject to inundation.

2019/006: Regarding the removal of an insanitary building notice and lack of notification of a natural hazard for a relocated building

Note: This determination is subject to clarification
Lifting of an insanitary building notice and whether the building in its current state is insanitary or dangerous, whether two building consents should have been granted subject to notification of the natural hazard inundation, and whether to issue notice for to rectify non-consented and non-compliant building work.

2018

2018/057: Decision to grant a building consent subject to notification under section 73 for building work on land subject to natural hazards

Whether 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 erosion and inundation, property adjacent to a river in rural area.

2017

2017/080: Granting of building consent for alterations, subject to notification that land is subject to a natural hazard

Whether to issue a building consent for alterations subject to a s 73 notice on land subject to inundation.

2017/055: Building consent granted for alterations to an existing building on land subject to a natural hazard without notification under section 73

Whether building work constituted a major alteration and whether section 72 would apply even if the building work was not major alteration, whether it was reasonable to grant a waiver of Clause E1.3.2.

2017/048: Decision to grant a building consent subject to notification under section 73 for building work on land subject to a natural hazard

Whether consent could be issued without notification under section 73. Whether adequate provision had been made to protect the building work from the inundation.

2016

2016/034: Refusal to grant an s72 waiver for two building consents for proposed buildings on land subject to a natural hazard

Whether to grant waiver under s 72 for two proposed buildings which are situated on land subject to a debris flow hazard, considers risk to occupants from debris flow and extent to which the proposed work will mitigate the risk.

2015

2015/043: Regarding the authority's powers of decision in relation to a natural hazard identified on a building consent for a property

Whether to remove a natural hazard notice on the basis that a tennis court area was not intimately connected with the building and so it could not be said the land on which the building was located was subject to a natural hazard.

2015/018: Regarding the refusal to issue a building consent for an outbuilding on land that is subject to natural hazard

Whether adequate provision to protect building work from inundation and whether periodic flooding would affect building elements in relation to B1 and B2 Building Code.

2013

2013/081: Regarding the issue of a building consent subject to a section 73 notice for a house on land subject to inundation
2013/059: Compliance of a wastewater disposal system on land subject to inundation
2013/047: Regarding the refusal to grant building consent without a section 73 notice for a garage on land subject to inundation
2013/022: Whether the authority was correct in issuing building consents subject to section 36(2) notifications for 7 lots in a subdivision

2012

2012/035: Regarding the refusal to grant building consent for a dwelling on cross-lease land subject to flooding
2012/002: Compliance of proposed building work on land subject to inundation

2011

2011/119: The issue of building consents and code compliance certificates for three buildings on land that has subsided
2011/115: Dispute about the refusal to issue a certificate of acceptance for the construction of a seawall
2011/113: Whether building consents for planned new houses on land subject to subsidence and slippage should be subject to section 73(1) notifications
2011/034: The refusal to issue a building consent for a garage and associated work on a subdivision in an area of land that is subject to slippage

2007

2007/116: Whether proposed building work is to be carried out on land likely to be subject to slippage
2007/110: Building consent for a house on land subject to coastal hazards

2006

2006/119: Dangerous building notices for houses
2006/112: Stability of a house on a riverside site

Note: The decisions in this Determination were confirmed on appeal to the High Court. See: Davidson v Palmerston North City Council (High Court, Palmerston North, 30 May 2008, CIV-2006-085-1462).

2006/049: Issue of a Building Consent Authority declining to issue a building consent

2005

2005/028: Revisited protection of other property from coastal hazards

2004

2004/08: Protection of other property from coastal hazards