Natural Hazards

The communities of the Hastings District Council are affected by a range of natural hazards.  A natural hazard is defined as an environmental event that happens independently of human influence, often with adverse consequences for people and their communities.

Council needs to manage the impacts of natural hazards and minimise any damage they may cause to people and property in hazardous areas and their effect on our environment.  Many of the effects of existing and predicted natural hazards are made worse by the location of human settlement.

Communities have in the past been built on flood plains, river terraces and dune systems that have been created by natural processes such as floods, seismic activity, coastal processes and changes in sea level.

The main natural hazards that are recognised in the Hastings district are:

• River and stream flooding
• Tsunami
• Coastal erosion and inundation
• Earthquake
• Wind shear
• Land instability
• Rural fire
• Drought

Many of these identified hazards are affected to a greater or lesser extent by the added dynamic of climate change.  For example, hazard management strategies will need to consider the probable consequences of sea level rise on coastal communities and the prospect of more frequent and greater intensity storm events and the implications for communities living in close proximity to rivers and streams.

Of course, the adverse impacts will affect more than just the immediate relative few and, cumulatively, will have repercussions extending throughout the district, and beyond, at both the regional and national scales.

The adverse effects of natural hazards have the potential to cause both short-term disruptions to communities and threaten their long-term viability.

Building in a natural hazard area

If you are thinking about carrying out building work, it is important to consider any natural hazards that may affect how the project complies with the Building Act 2004 and the New Zealand Building Code.

Natural hazards include:

• Erosion (including coastal erosion, bank erosion, and sheet erosion);
• Falling debris (including soil, rock, snow, and ice);
• Subsidence;
• Inundation (including flooding, overland flow, storm surge, tidal effects, and ponding); and
• Slippage.

A Land Information Memorandum or Project Information Memorandum will provide information about hazards that Council knows about.
New building works or alterations should be designed with any natural hazard in mind.

The Building Act 2004 requires Council to look closely at building consents for new buildings or major alterations to a building on land subject to a natural hazard – refer to Sections 71-74 of the Building Act 2004.

Council can refuse to grant a building consent in some circumstances under Section 71 of the Building Act 2004 or it can grant consent subject to conditions under Section 72 of the Act.

Section 71 of the Building Act 2004

Section 71 of the Building Act 2004 deals with building on land subject to erosion, falling debris, subsidence, inundation or slippage.  This section requires Council to refuse to grant building consent if the land on which the building work is to be carried out is subject, or likely to be subject, to a natural hazard, or the building work is likely to accelerate, worsen or result in a natural hazard on the land or any other property.

Section 71 does not apply however under specified circumstances and consent may be able to be granted as it normally would under Section 49 of the Act or under Section 72 of the Act (see below).

If you are contemplating building on land subject to a natural hazard you should first discuss your application with Council staff and preferably apply for a Project Information Memorandum (PIM) which will require you to detail your intended building project.  Through the PIM, Council will advise you formally whether a building consent may be able to be granted.  These sections of the building act are complex and are best interpreted by your solicitor.

Section 72 of the Building Act 2004

Section 72 of the Building Act 2004 also deals with building on land subject to erosion, falling debris, subsidence, inundation or slippage.  Even though Section 71 of the Act requires Council to refuse or grant consent in the circumstances outlined above, a building consent may nonetheless be granted if Council considers that the building work would not accelerate, worsen or result in a natural hazard.

When a building consent is issued subject to Section 72, Council must notify the District Land Registrar to arrange an endorsement on the Certificate of Title advising that the consent has been issued pursuant to Section 72 of the Building Act 2004.

How do I know if my property is in a hazard area?

There are a number of sites in the district that have been identified as hazard areas.  Hazard areas known to Council are identified in the Council’s District Plan or on the latest GIS maps which are available on level 2 of Council offices, 207 Lyndon Road East, Hastings.

Will a building consent be issued in these areas?

Section 71 of the Building Act 2004 states that Council shall refuse to grant a building consent for the construction of a building or major alterations unless it is satisfied that adequate provision has been or will be made to protect the land or building work, or other property concerned from those hazards, or restore any damage to the land or property concerned that may result from the building work.

Where a building consent is applied for on land that is subject to one or more of the above hazards and the Territorial Authority considers that the building work itself will not accelerate, worsen, or result in erosion, subsidence, inundation etc, then the building consent can be issued subject to Section 72.

Geotechnical / Hydrology reports

If you apply for a building consent in a known hazard area, you may need a report from a Geotechnical Engineer or Hydrologist unless the work is of a minor nature. You should check with Council prior to lodging a building consent.

What are the implications of having a Section 72 on the Certificate of Title?

If there is a Section 72 endorsement on the Certificate of Title and the building is subsequently damaged by a hazard event, then the owner (and subsequent owners) cannot claim against Council for issuing the consent.

You are strongly advised to contact your solicitor, insurance company or the Earthquake Commission if you are purchasing a property in these areas or you are planning on doing any alterations or additions in the future.

 “The existence of an entry under Section 74 of Building Act 2004 may limit statutory natural disaster insurance.  Refer Clause 3(d) of Third Schedule to the Earthquake Commission Act 1993.”

Please Note:

Section 36 of the Building Act 1991 covered natural hazards.  Prior to the Building Act 1991 all building permits were issued under the Local Government Act 1974.  Section 641(A) of the Local Government Act is similar to Section 72 of the Building Act so check your Certificate of Title for any relevant endorsement.

How do I know if there is already a hazard-related endorsement on the Certificate of Title?

You need to obtain a copy of the Certificate of Title. Copies are available from Council (for a fee of $15), from your solicitor or from Land Information New Zealand.

Will all building consents in hazard areas be issued subject to Section 71 or 72?

Not necessarily. Section 71 allows Council to issue a building consent if it is satisfied that adequate provision has been made either to protect the land or building work or other property from the hazard or to restore any damage to the land or other property arising out of the building work.

Section 71 only applies to the construction of a building or major alterations to a building.  While there is no definition of major alterations, Council considers that the installation of domestic fires and minor interior alterations would not attract action under Section 71.

Council strongly recommends that you or your advisors discuss your proposals with our duty Building Officer prior to lodging your building consent application. Consent under Section 72 may be granted in some circumstances – refer above and consult your solicitor or speak to Council.