[v01] Waimakariri District Council
V1 - 1/01/2018
1 of 1 Land Subject to a Natural Hazard
ISSUE OF A BUILDING CONSENT ON LAND
THAT IS SUBJECT TO, OR IS LIKELY TO BE
SUBJECT TO A NATURAL HAZARD
Under The Building Act 2004, Section 72
Private Bag 1005, Rangiora 7440
Phone 0800 965 468 (0800 WMK GOV)
Fax 03 313 4432 - waimakariri.govt.nz
Please note: You should only sign this form if you are aware of the implications of a Section 72 notice on the title of
your property and/or have taken legal advice.
of the property situated at:
understand that the Council cannot issue Building Consent No.
in respect to the above property which
is subject to, or likely to be subject to a natural hazard unless the consent is
issued under Section 72 of the Act. This hazard is:
As a consequence, the Council is protected against any legal liability and must notify the District Land Registrar who will
make an entry on the Certicate of Title.
I/We request that the Council issue the consent under Section 72, and understand that the Council fees of $
will be added to the building consent fees.
All owners of the affected property as listed on the Certicate of Title must sign this form.
Daytime telephone number(s):
PRIVACY ACT 1993
This information will be held by the Council. You may ask to check and correct any of this personal information if you
wish. The personal information collected will not be shared with any Units of the Council not involved in processing the
application. However under the Official Information and Meetings Act 1987 this information may be made available on
request to parties within and outside the Council.
IMPORTANT - PLEASE NOTE
The Building Act provides necessary controls on building work, in the public interest and with due regard to national
costs and benets. City and district councils (territorial authorities) are charged with the day-to-day application of
those controls. Section 72 of the Building Act 2004 is concerned with land, which is subject to a range of hazards;
ooding, slippage, and erosion for example. There are obvious difficulties in building on such hazardous land.
Those difficulties affect not only owners but also territorial authorities, because they can be sued if they do not use
reasonable skill and care in applying the Building Act. This creates a conict of interest between an owner who wishes
to build on hazardous land and the territorial authority, which could be liable for future damage to the building if it
issues a building consent. Section 72 offers a solution by allowing, in certain situations, an owner to take the risk of
building on hazardous land without exposing the territorial authority to future liability. This involves the territorial
authority issuing a building consent subject to what is called ‘a condition’ to the effect that: the territorial authority is
protected against legal liability, and an entry is made on the certicate of title to the land put on record that the land
is hazardous and that the territorial authority is protected from liability.
(Statement issued by Department of Building and Housing - now the Ministry of Business Innovation and