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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

74: Steps after notification

You could also call this:

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

When someone tells the authorities about a building being built in a dangerous area, a few things happen. The Surveyor-General or the Registrar of the Maori Land Court will write down the details they were given, including any information about the building project.

The Registrar-General of Land will also make a note on the land’s record. This note will say that a building consent was given under section 72 and will describe the natural hazard that affects the land.

If there’s already a note about this on the land record from an older law, they don’t need to add another one.

Sometimes, the building consent authority might decide that these notes are no longer needed. If this happens, they will tell the right person (like the Surveyor-General), who will then change their records or remove the note from the land record.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306821.

Topics:

Housing and property > Home safety and repairs

Housing and property > Land use

Government and voting > Government departments

Māori affairs > Māori land

73: Conditions on building consents granted under section 72, or

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

75: Construction of building on 2 or more allotments, or

“Rules for building on more than one piece of land owned by the same person”

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

74Steps after notification

On receiving a notification under section 73,—
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:
the Registrar-General of Land must record, as an entry on the record of title to the land on which the building work is carried out,—
1. that a building consent has been granted under section 72; and
2. particulars that identify the natural hazard concerned.

If an entry has been recorded on a duplicate of the record 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.
Subsection (4) applies if a building consent authority determines that any of the following entries is no longer required:
an entry referred to in subsection (1)(b):
an entry under section 641A of the Local Government Act 1974:
an entry under section 36 of the former Act.

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 record of title.

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Notes

Section 74(1)(a): amended, on 1 February 2010, by section 21 of the Building Amendment Act 2009 (2009 No 25).
Section 74(1)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 74(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 74(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).