Christchurch City Council appreciates High Court ruling

Christchurch City Council appreciates the clarification yesterday’s High Court ruling has brought to the Council’s Earthquake-prone, Dangerous and Insanitary Buildings Policy.

Christchurch City Council General Manager Regulation and Democracy Services, Peter Mitchell says, “The ruling makes it clear the Council can still encourage people to structurally strengthen their building to 67 per cent of the New Building Standard (NBS).

“The only change is that we cannot use section 124 of the Building Act to compel building owners to strengthen their building to a level above 34 per cent of NBS. The target of strengthening a building to 67 per cent of New Building Standard still remains something for any building owner to consider and the Council will continue to encourage people to think carefully about structural strengthening.”

Last year the Insurance Council of New Zealand filed a 'Statement of Claim' with the High Court against the Christchurch City Council for a judicial review of the Council's decision to adopt the Earthquake-prone, Dangerous and Insanitary Buildings Policy which falls under the Building Act 2004.

In response to the earthquakes, in an extraordinary meeting on 10 September 2010, the Council adopted a revised Earthquake-prone, Dangerous and Insanitary Buildings Policy.  A new structural strengthening target of 67 per cent of the NBS was at the centre of the revised policy.

Mr Mitchell says the Council also fully supports the Ministry of Business Innovation and Employment’s Building Seismic Performance consultation, which includes a meeting in Christchurch on 19 February.

“The consultation will provide an important opportunity for the public to consider all the issues across New Zealand to do with earthquake prone buildings.”