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New Zealand law explained for everyone

Building Act 2004

Building - Building work—Project information memoranda and building consents - Limitations and restrictions on building consents: Construction of building on land subject to natural hazards

73: Conditions on building consents granted under section 72

You could also call this:

“Rules for telling people about special building permissions on risky land”

When a building consent authority that is a territorial authority gives you permission to build under section 72, they have to add some conditions to that permission. They need to tell certain people about the consent when they issue it.

If you’re the government (the Crown) asking for permission, the building consent authority has to tell the right Minister and the Surveyor-General. If you’re asking on behalf of Māori land owners, they have to tell the Registrar of the Maori Land Court. For everyone else, they have to tell the Registrar-General of Land.

When they tell the Minister, Surveyor-General, or Maori Land Court Registrar, they also need to include any project information memorandum that’s been given out about your building consent.

When they tell the Registrar-General of Land, they have to say what kind of natural hazard is involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306820.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
Environment and resources > Town planning
Māori affairs > Māori land
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72: Building consent for building on land subject to natural hazards must be granted in certain cases, or

“Even if land might be dangerous, you can still get permission to build if it's safe and reasonable.”

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74: Steps after notification, or

“What happens after someone tells the government about building in a dangerous area”

Part 2 Building
Building work—Project information memoranda and building consents: Limitations and restrictions on building consents: Construction of building on land subject to natural hazards

73Conditions 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,—

  2. in the case of an application made by, or on behalf of, the Crown, the appropriate Minister and the Surveyor-General; and
    1. 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
      1. in any other case, the Registrar-General of Land.

        1. 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.

        2. The notification under subsection (1)(c) must identify the natural hazard concerned.

        Compare
          Notes
          • Section 73(1): amended, on , by section 14 of the Building Amendment Act 2008 (2008 No 4).
          • Section 73(2): amended, on , by section 20 of the Building Amendment Act 2009 (2009 No 25).