A year on from Christchurch’s 22 February 2011 earthquake, legal responsibility for earthquake-proofing buildings is a hot topic.

One of the high-profile buildings to collapse, the Canterbury Television Building, was recently reported to be sub-standard in terms of Building Code requirements at the time of its construction. In particular, the combination of asymmetrical walls and non-ductile columns is said to have meant that the CTV Building was unable to withstand the stress of the 6.3 magnitude earthquake.

A Technical Investigation into the Structural Performance of Buildings has been undertaken by the Department of Building and Housing. The Investigation reported on the failure of the Pyne Gould Corporation, Forsyth Barr, Hotel Grand Chancellor and CTV buildings. The Expert Panel made a series of recommendations which the Department expects will lead to legislative changes, influencing the way that buildings are designed and constructed in the future. The Police and the Institution of Professional Engineers are considering the report and the Department also urged local councils to take it into account when devising their own earthquake response policies. The Department is now reviewing the structural soundness of a further 352 buildings in Auckland, Christchurch and Wellington, and estimates that approximately 130 of those buildings would present a safety risk in the event of an earthquake. Auckland Council has independently assessed 1,400 buildings, and will continue working through its list of potentially earthquake-prone buildings over the next four years.

In addition, the Canterbury Earthquakes Royal Commission of inquiry was established in May 2011 to report on the causes of building failure, as well as the legal and best-practice requirements for buildings in New Zealand’s Central Business Districts. The Commission's final report must be delivered to the Governor-General by 12 November 2012. As part of the investigation, a public hearing lasting up to 5 weeks will be held beginning in June 2012 to ascertain why the CTV Building collapsed. The findings in the Technical Investigation report will be contested during this hearing.

These reviews have had a ripple-effect in other sectors. We are aware of private building owners and occupiers commissioning engineering firms and insurance companies to assess whether their buildings are ‘earthquake-prone’,[1] a term used to describe buildings with strength less than 33% of the AS/NZS 1170.5:2004 seismic loading standard. In the event that a building is deemed to be ‘earthquake-prone’, there is a requirement to undertake structural works to bring the building up to at least 33% of code requirements. The time frame for completing these works is set out in each territorial authority policy. In Auckland, the Council has adopted a flexible approach, and will discuss and agree upon a course of action and timeframe for alteration with the owner of any earthquake-prone building. Buildings deemed to be ‘dangerous buildings’ will be subject to much shorter time frames.

Different degrees of compliance with the Building Code are required depending on the age and type of building in question, and the standards in place at the time of its construction. Buildings that fully complied with the relevant regulatory standards at the time of construction may still need further work undertaken. Some Councils have indicated they may require a higher standard of compliance than that prescribed by the Building Act, although questions remain over whether they can require works above the statutory minimum.

The issue of who has legal responsibility for earthquake-prone buildings can become complex for building owners and employers. In some instances, both the owner of an earthquake-prone building and a lessee/employer whose staff occupy the building have specific obligations under the Health and Safety in Employment Act. In that case, both the building owner and the employer may be liable for any hazard posed by the building.

Earthquake-strengthening works to historic buildings are potentially more complex again, as the Resource Management Act and Historic Places Act contain additional requirements. These buildings also present difficulties due to the tension between heritage preservation and public safety.

Liability for structural building works is a complicated issue and one that is likely to come further into the spotlight in the near future. If you have concerns about a building that you own or occupy, contact one of the ChanceryGreen team for advice.

We outline the key provisions of the NES for Soil Contamination, which comes into force on 1 January 2012.  The NES has important implications for both developers and prospective purchasers of land which is (or is supected to be) contaminated.

This article examines the implications of the Aquaculture Legislation Amendment Bill (No 3), which came  into effect on 1 October 2011.

The Government has released the New Zealand Energy Strategy and the companion New Zealand Energy Efficiency and Conservation Strategy.  We detail the NZES.

We summarise the key provisions of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill.  The Bill has been sent to Select Committee.  Please contact a member of our team if you would like further information on the Bill.

The Minister for the Environment, the Hon Dr Nick Smith, has released details of proposed legislation to manage the environmental effects of activities in New Zealand’s Exclusive Economic Zone. The Minister’s Office has obtained Cabinet approval to have Parliamentary Counsel draft the Exclusive Economic Zone and Extended Continental Shelf (Environmental Effects) Bill.

Environment Minister Nick Smith has released the National Policy Statement for Fresh Water Management, to take effect from 1 July 2011. The NPS is part of the ‘Fresh Start for Fresh Water’ package of reforms announced by the Government in May this year. The NPS implements a limits-based regime for fresh water management and is aimed to achieve national consistency in RMA planning and decision-making dealing with water.

The newly-appointed Productivity Commission formally commenced on 1 April 2011. One of the Commission’s first tasks is to evaluate the factors influencing housing affordability, and to examine the opportunities available to increase housing affordability in New Zealand.

The Marine and Coastal Area (Takutai Moana) Act 2011 recently came into effect, revoking Crown ownership of the foreshore and seabed and declaring it public domain that cannot be sold, except where it is already privately owned. The Act restores customary interests, reinstates access to the Courts to settle customary title claims, and extends the opportunity for Maori to negotiate customary title directly with the Government.

Environment Minister Dr Nick Smith has announced the outcome of a Government review of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and other Toxics) Regulations 2004.

The Ministers for the Environment and Conservation recently called for public input into the Proposed National Policy Statement on Indigenous Biodiversity (Proposed NPS).

The Proposed NPS is ostensibly intended to address the decline in indigenous biodiversity resulting from human activities and introduced pests and weeds, and to protect those highly vulnerable indigenous species that remain. It follows New Zealand’s ratification of the Convention on Biological Diversity in 1993 and the New Zealand Biodiversity Strategy 2000.

On 16 November, the Aquaculture Legislation Amendment Bill (No 3) passed its first reading in the House (with the Green Party opposed).

The Government has taken a further step in its RMA Phase 2 Reforms through the introduction of a Bill to establish the Environmental Protection Authority (EPA) as a Crown Entity. The Bill sets out the widened functions and objectives of the EPA.

On the recommendation of the Minister of Conservation, the Governor-General recently approved the New Zealand Coastal Policy Statement 2010 (the 2010 NZCPS).

Gazetted on 4 November, the 2010 NZCPS came into effect on 3 December.

The Ministry for the Environment (MFE) has signalled its intention to put measures in place to protect nationally important biodiversity. MFE considers that a NPS would provide guidance regarding biodiversity protection and management under the RMA, while also respecting the reasonable property rights of landowners.

As part of the Phase II reforms of the RMA, the Government, together with the Auckland Mayor-elect Len Brown, last week released a discussion document: ‘Building Competitive Cities – Reform of the Urban and infrastructure Planning System’.

The Land and Water Forum (the Forum) has recently released its report into freshwater management in New Zealand, ‘A Fresh Start for Freshwater’ (the Report).

Established to identify the issues facing freshwater management in New Zealand, and to identify potential ways to address those issues, the Forum is comprised of a wide range of stakeholders, including energy companies, farming representatives, forestry interests, iwi organisations and local government.

One of the authors of the Board of Inquiry Report into the Proposed New Zealand Coastal Policy Statement 2008 (PNZCPS) has published his own copy of the Board’s final report, in response to the Government’s unwillingness to publicly release the report and its recommendations.