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34: Issue of project information memorandum
or “Rules for when and how quickly the local council must give you important building project information”
You could also call this:

“This law explains what important details must be included in a document about a building project.”

A project information memorandum is an important document that you need when you’re planning to build something. It must be in a specific form if one is required. This document tells you lots of useful things about your building project.

The memorandum will tell you if your building is historic and if there’s anything special about the land you’re building on. It will also include any information from other government agencies that might be important for your project.

You’ll find details about water systems in the area, like stormwater or wastewater, that might affect your building work. The document will also tell you about any permissions you need to get before you can start building, and what you need to do to get those permissions.

If your building might need a fire evacuation plan, the memorandum will let you know. It will also tell you if you need to notify Heritage New Zealand Pouhere Taonga about your project.

The document will either confirm that you can go ahead with your building work (as long as you get a building consent and other necessary approvals) or tell you that you can’t build because you’ve been refused a necessary approval.

If your building is going to be used for certain purposes, the memorandum will remind you that it needs to be accessible for people with disabilities.

The memorandum also explains what they mean by ‘land concerned’ and ‘special features of the land’. This includes things like potential natural hazards or dangerous substances in the soil that might affect your building work.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 36: Territorial authority may issue development contribution notice

or “The city council can tell you that you might need to pay money to help build things in your area before they approve your building project.”
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Part 2 Building
Building work—Project information memoranda and building consents: Project information memoranda

35Content of project information memorandum

  1. A project information memorandum must be issued in the prescribed form (if any).

  2. A project information memorandum must include—

  3. information likely to be relevant to the proposed building work that identifies—
    1. the heritage status of the building (if any); and
      1. each special feature of the land concerned (if any); and
      2. information likely to be relevant to the proposed building work that, in terms of any other Act, has been notified to the territorial authority by a statutory authority; and
        1. details of any existing stormwater or wastewater utility systems that—
          1. relate to the proposed building work; or
            1. are on, or adjacent to, the site of the proposed building work; and
            2. details of any authorisation in respect of the proposed building work that the territorial authority, on its own behalf and on behalf of any network utility operator (if the territorial authority is acting as agent for a network utility operator by prior agreement with the network utility operator), is authorised to refuse or require under any Act, except this Act, and, in respect of each authorisation,—
              1. a statement of the requirements to be met in order for the authorisation to be granted or imposed; and
                1. the conditions to which an authorisation will be subject; and
                2. if the territorial authority considers that the owner of the building or proposed building to which the project information memorandum relates is likely to be required, under section 76 of the Fire and Emergency New Zealand Act 2017, to make provision for a scheme that provides for evacuation from the scene of a fire, a statement to that effect; and
                  1. if the territorial authority considers that notification to Heritage New Zealand Pouhere Taonga is likely to be required under section 39, a statement to that effect; and
                    1. either—
                      1. confirmation, subject to this Act, that building work may be carried out subject to the requirements of a building consent and subject also to all other necessary authorisations being obtained; or
                        1. notification that building work may not be carried out because any necessary authorisation has been refused, despite the issue of any building consent; and
                        2. if section 75 applies, the statement referred to in section 75(2); and
                          1. if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with—
                            1. section 118 (relating to access and facilities for persons with disabilities to and within buildings); and
                              1. the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.

                              2. In this section,—

                                land concerned—

                                1. means the land on which the proposed building work is to be carried out; and
                                  1. includes any other land likely to affect or be affected by the building work

                                    special feature of the land concerned includes, without limitation, potential natural hazards, or the likely presence of hazardous contaminants, that—

                                    1. is likely to be relevant to the design and construction or alteration of the building or proposed building; and
                                      1. is known to the territorial authority; and
                                        1. is not apparent from the district plan under the Resource Management Act 1991.

                                        Compare
                                          Notes
                                          • Section 35(1AA): inserted, on , by section 11 of the Building Amendment Act 2009 (2009 No 25).
                                          • Section 35(1)(e): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                          • Section 35(1)(f): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                                          • Section 35(1)(h): amended, on , by section 10 of the Building Amendment Act 2008 (2008 No 4).
                                          • Section 35(1)(i): inserted, on , by section 10 of the Building Amendment Act 2008 (2008 No 4).
                                          • Section 35(2) special feature of the land concerned paragraph (c): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).