CERA Community Forum Presentation

Page 1

Presentation prepared for the CERA Community Forum. 6 June 2013 This presentation is purely my personal assessment of the Christchurch recovery as of 6 June 2013. Based on available information and information acquired under OIA

TC3 Residents TOGETHER WE ARE STRONGER

http://www.facebook.com/groups/TC3Residents/

esidents

WE ARE STRONGER

com/groups/TC3Residents/ Please note: page 14 added after the presentation took place. Hugo Kristinsson Member of: South Brighton Resident’s Association, TC3 Residents, associate of CanCern. This presentation is not a Christchurch City Council or CERA document. Thank you for the opportunity to speak at this Forum.• I have been looking at the bigger picture of the Christchurch recovery for the past year. The following presentation is a summary of some of my findings • Or should I say community concerns? Thousands of people are at a grave risk of loosing equity in their homes.


Residents of Christchurch pay Rates and Taxes. Rates and Taxes are charged so Council and Government can provide the basic services that every country/ city needs. Transport, Water, Rubbish collection, Flood protection, Social services, Building authority etc... The Building Act 2004 is there for Consumer Protection. Because we are charged Rates and Taxes, we are entitled to these services and can not be denied them. We had a disaster here, fortunately we have been paying insurance for many years and our houses will therefore be repaired/replaced at least to the standards/value they were before the earthquakes. In December 2012 CERA published the TC3 Residential Rebuild Booklet. There it states on page 17. Home owners should note the fact that most insurance policies in place at the time of the earthquakes will cover the cost of building consent requirements to raise finished floor levels to meet standards set in the Building Act. Insurers will continue to work productively with the Council, EQC and other agencies to provide best outcomes for policy holders. EQC and Insurers are working to prioritise the claims of vulnerable groups in the community.

If we look at the situation and consider what commitment the Government and other agencies appear to making, this does not look that bad on the face of it. Full insurance cover and assurance undersigned by the Government that THEY will make sure we will get the best outcome. Seems to instill confidence.


EQC Land Communications to residents versus Official Information Act REPORT

Earthquake Commission Canterbury Earthquakes 2010 and 2011 Land report as at 29 February 2012

10% of the worst damage has been excluded from the Stage 3 Land report. Resulting in misleading communications to the residents.

Report prepared for: Earthquake Commission Report prepared by: Tonkin & Taylor Distribution: Earthquake Commision, Electronic copy and Tonkin & Taylor, Electronic copy (File)

ENVIRONMENTAL AND ENGINEERING CONSULTANTS

Average subsidence 50mm = 140 properties subsided 250-1000mm Average ground elevation 2.2m = 140 properties below higest tide.

Statement from Tonkin & Taylor. Looking at the LiDAR change in elevation map, we can see that in the part of South New Brighton between Falcon St and Seafield Place the ground subsidence is generally between 100mm and 400mm, with a few properties showing up to 500mm of subsidence. So in this part of the suburb, the ground subsidence is clearly much greater than most of the rest of South New Brighton. Of the 10% of properties in South New Brighton with more than 250mm subsidence (about 140 properties), it looks like most of them are located within the areas around the west end of Bridge St and the south end of Estuary Rd. We are provided with Land Reports that are encouraging, Minimal or hardly any land damage. • However the Stage 3 Land Reports issued in July 2012 stated the following. • South Brighton Average land Subsidence 50mm • I started asking questions, they were even asked at Parliament. • No information was provided.• Eight months later i finally got a written reply from Tonkin and Taylor. • Then I asked SCIRT for information under the Official Information Act.• This information confirmed that 140 properties in the area had subsided in excess of 250mm and from this image it looks like some have subsided over a meter. •Significant lateral displacement, several meters and the area is likely to subside another 150 to 400mm if we have a sizable earthquake. (SLS ULS Statistics) • Latest GNS predictions for the next 12 months state 25% probability of an earthquake between 5.5 – 5.9.


Land issues, Cabinet minutes for the Land Zoning via OIA 4.12 noted that in some of the remaining Orange areas (Southshore West, Richmond South, parts of Central City- River South, Linwood, Avonside and Wainoni) engineeting advice indicates that area-wide land remediation is the only practical option for retuning some or all of the land to a buildable state; 4.14 noted that the Minister for Canterbury Earthquake Recovery has directed the Canterbury Earthquake Recovery Authority to hold exploratory discussions with Christchurch City Council, Environment Canterbury and EQC on options for undertaking area-wide land treatment works in the areas noted in paragraph 4.12 above; 4.15 directed officials from the Canterbury Earthquake Recovery Authotity, in consultation with the Treasury, Department of the Prime Minister and Cabinet, and the Department of Building and Housing, to report back to Cabinet on 20 February 2012 on the outcomes of the discussions noted in paragraph 4.14 above and to advise on what roles the Crown should play in facilitating area-wide remediation works;

The seriousness of the situation is that while all the land damage information exists residents are not allowed access to this information while insurance companies and EQC are pushing people to cash settle based on repair cost. If the land can not be repaired the house should be written off or relocated. I have been provided Cabinet minutes on the Zoning Decisions under OIA, • But reading the minutes just bring up more questions. • I have requested some answers. We might get an explanation of Area Wide remediation and land strengthening from CERA later. • The seriousness of the situation is that while • all the land damage information exist. • Residents are not allowed access to these information. • While insurance companies and EQC are pushing people • to cash settle based on repair cost. • If the land cannot be repaired the house should be written off or relocated. •


On 16 February 2011 Local Government New Zealand held a seminar on natural hazards risk management. These slides are from the EQC presentation

I borrowed this from a presentation by EQC to explain how they look at the problem. • You see the risk environment. • This is where EQC is considering how to handle risk, • Accept it or TRANSFER or SHARE it. • They also look at the SYSTEMATIC ISSUES • Core of the system is the Building Control Officers. That is our Council • We the community groups are on the edge. • EQC also mention two important issues communications and ACCOUNTABILITY


PMO Guides

Based on DBH Guides, more flexible.

NZ Building Act 2004 Strict regulations for Consumer Protection Reprint as at 13 March 2012

Building Act 2004 Public Act Date of assent Commencement

2004 No 72 24 August 2004 see section 2

Contents 1

Title

Page 24

Part 1 Preliminary provisions Subpart 1—General Commencement 2

Commencement

24 Purpose and principles

3 4

Purposes Principles to be applied in performing functions or duties, or exercising powers, under this Act

25 25

5

Overview

28

6

Application of Act to the Crown Act binds the Crown

29

Overview

Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Department of Building and Housing. 1

Loose guides that do not require inspections. No liability taken, no guarantees. All liability and risk with the property owner.

Protects the residents and gives full guarantee and liabilty if anything fails. All safety checks and inspections in place. Code of compliance.

Talking about ACCOUNTABILITY • The PMO Guides are more flexible than the DBH Guidelines. • All Project Management Offices and Insurance companies have been provided this document as a guide. • This document lacks all Accountability, and there is a statement on it where CERA, MBIE and Council deny any liability of it. • This document breaches the law in New Zealand, in Particular the Building Act. • It gives the consumer no Guarantee around safety, durability, or the land strength. • The Building Act is a part of the consumer protection we are entitled to by law. • This Law ensures we get a guarantee that our houses are safe and durable. • The building act also ensures people are not allowed to build on unsafe land. • It might be worth mentioning that a recent High Court case determined that the DBH Guides have president over the Building Act regarding to our claims


Council approach to avoiding the liability Form B-004

Form B-014

Form B-390

r Homeowner

s & Building

Practitioners:

that does not Building work ing consent d require a buil Information fo

[Spe

tchurch cific only to Chris

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dy covered by

nd that alrea Council and beyo

Schedule 1 of

the Building Act]

1992. • Electricity Act t 1975. . • Fire Service Ac rganisms Act 1996 bstances & New O s Su rdou • Haza ents remains with all requirem for complying . If in ing out the work The responsibility carry le peop al r and those ing profession with the owne a competent build the services of y system. doubt engage gh the regulator to step you throu rd rega or practitioner l with to the Counci ide information ed on the You may also prov which will be plac have carried out, future Land to work that you recorded on any erty. This will be carried out file for your prop ) as being work (LIM dum oran Council. checked by the Information Mem or that has not been sell your home under exemption n you come to e beneficial whe This may prov e. building in futur

cil’s policies tchurch City Coun t sets out Chris obtain a This documen requirement to Act. It exempt from the of the Building on what will be 1(k) dule Sche r under dy exempt unde alrea building consent is that building work is additional to – (n). Schedule 1 (a) ion with other read in conjunct be ld be shou can t This This documen exempt work. is available on information that sites: following web titioners viewed from the r Building Prac r Homeowners o EM/ s/CD • Information fo /file ces.ccc.govt.nz f). (http://resour ractitioners.pd wnersOrBuildingP InfoForHomeo ent of a air or replacem lthough the rep it should Please note that a building consent, from pt exem is A separate t chimney or flue oved installer. building consen out by an appr Repairs without still be carried ent we advise lable on this. a building cons / g.dbh.govt.nz the work document is avai g repairs without //www.buildin keep records of If you are doin hedule 1 (http: al advice and n ssion profe • A guide to Sc seek will assist whe you to out the work. This ed carri hasers are s bc-no-consent). who purc allow as done and paragraph (k) e in the future, 2004 hom the Act your by ing sell in ed obta the Build you come to t the damage caus requirement to Schedule 1 of abou the from tions erly. work ques prop exempt likely to have if it was done the Council to fied that: repaired it and where it is satis earthquake, who other than in building consent to be carried out ice. work is unlikely ctitioner. • Get expert adv or 1) The building al building pra the Building Code and profession lled ing a ski rences. Build Use the accordance with r refe • nd ask fo rdance with otes for the work a other than in acco who did it. any building, • Get several qu 2) If carried out g. photos) and nger people or e (e. enda don to ely work erty. f the Code is unlik Keep records o or any other prop • land e C. sam d EQ whether on the ith your insurer an subject to ult w ther Cons (whe • work out without E: ALL building can be carried Building Act, cover work that IMPORTANT NOT comply with the Sections A to E is required to cil. consent or not) including: involving the Coun all other laws, h e completed by and t wit an b Code nsul hat c d co ork t Building 91 - You shoul ilding Work - W agement Act 19 Section A: DIY Bu a Heritage • Resource Man here you have rs especially w t on any person. ried out by a Council Planne may be an effec hat can be car ork t there or rk - W ing, layers Wo or Character build Section B: Drain layer. neighbours. Certified Drain ayers Act 2006. fitters & Drainl • Plumbers Gas

Building Operations Unit

Withdrawal request of a project information memorandum (PIM) and/or building consent application

Building Operations Unit

1. About this form

1. About this form

   

For Office Use Date received:

A project information memorandum (PIM) is a report issued by the Council prior to or in conjunction with a building consent. A PIM report provides information known to the Council which is relevant to your building proposal. Please check that the forms that you are using are current at the time of application as they are subject to change without notice. General information can be found on our website at www.ccc.govt.nz/homeliving/buildingplanning/index.aspx A building consent is the formal approval issued by a Building Consent Authority (BCA) to ensure certain works meet the requirements of the Building Act 2004, Building Regulations and New Zealand Building Code.

2. The building

Earthquake related work

Is this application earthquake related?

 Yes

 No

If yes, is it coordinated by an insurance company via a project management organisation (PMO), e.g. Hawkins, Arrow, Fletchers, etc?

 Yes

 No

If yes, name of PMO:

Application for an exemption from building consent

Resource Con sents

Building Act 2004 - Schedule 1, paragraph (k)

  

Resource Mana gement Act 1991 - s.139A Submit your application onlin Email to: reso urceconsenta e at: onlineservices.ccc. govt pplications@c Send to: Chris cc.govt.nz; or .nz; or tchu Deliver to: Chris rch City Council, PO Box 73013, Chris tchurch City tchurch Council, 53 Here For enquiries ford Street, Chris Mail Centre, Christchurch phone: (03) 941 8154; or tchurch. 8999

For Office Use Application no:

Please check that the forms that you are using are current at the time of application as they are subject to change without notice. Date received: General information can be found on our website at www.ccc.govt.nz/homeliving/buildingplanning/index.aspx A building consent exemption under schedule 1(k) of the Building Act 2004 is the formal approval issued by a Territorial Authority confirming a building consent is not required for the intended building works.

1. About this For

m

2. The applicant

Earthquake related work

Is this application earthquake related?

 Yes

 No

If yes, is it coordinated by an insurance company via a project management organisation (PMO), e.g. Hawkins, Arrow, Fletchers, etc?

 Yes

 No

If yes, name of PMO: Name of Owner: ....................................................................................................................................................................................... [Include preferred title, e.g. Mr, Ms, Mrs, Miss if an individual.]

Project number: ...................................................................................................................... Street address of building:........................................................................................................................................................................ Legal description of land where building is located: Lot No:................................................. DP:........................................................... Other: .......................................................................................................................................................................................................

Owner’s Postal Address: .......................................................................................................................................................................... ................................................................................................................................................................................................................. Email:

...................................................................................................................................................................................................

Phone Number: .......................................................................

3. The owner (as defined by the Building Act 2004) Contact person:........................................................................................................................................................................................ Address: Street no./name: ...................................................................................................................................................................... Suburb:........................................................ City:................................................................ Postal:

Mobile: .........................................................................................

Name of Contact Person: ........................................................................................................................................................................

Full name(s): ............................................................................................................................................................................................

Post code: ............................

 Same as above

[If different from the owner, or if the owner is a company, trust, or similar.]

Contact Person’s Postal Address: [Must be a New Zealand address.] ................................................................................................................ ................................................................................................................................................................................................................. Email: ..................................................................................................................................................................................................... Phone Number: .......................................................................

Box / Street name:................................................................................................................................................................... Suburb/Lobby: ............................................. City:................................................................

Post code: ............................

Phone numbers: Daytime: ...........................................................................

Mobile: ............................................................................

After hours:.......................................................................

Fax: .................................................................................

Email: ....................................................................................................................................................................................................... Bank account details (required):...............................................................................................................................................................

My preferred method of written communication is:

Mobile: .........................................................................................

Email

Post

(A copy for any request or further information relating to the building exemption will also be sent to the owner.)

3. Location of proposed work Street address: [Include Level and Unit No.] .....................................................................................................................................................

.................................................................................................................................................................................................................

Legal description of land where building is located: Lot No:.................................................

If the ownership has changed since the application was made, new evidence of ownership will need to be provided, i.e. Certificate of Title.

Lawfully established use: [From Clause A1 Classified Uses of the New Zealand Building Code.] ………………………………………………………………….. ...........

LU:23.10.12, LR:23.10.12, v1

1 of 3

Form B-014

DP: .......................................................

Year first constructed: [Insert year – an approximate date is acceptable, e.g. 1920s or 1960-1970.] …………………………………………………………………………..

LU:23.10.12, LR:23.10.12, v1

1 of 3

and Bui

lding Policy Uni t Application fo Existing Use r an Certificate

Form B-004

This form is to seeks certificat be used for an applicatio n under Sect ion that a parti ion 139A of Act 1991. It cular land use the Resource mus has existing Management other supportin t be accompanied by the Act 1991 wher minimum appl use rights pursuant to g information. e an applicant Section 10 of ication fee of the Resource Was there any $1,000 together Management pre-application with plans, a advice/discuss certificate of ion prior to this If Yes, what was title and application being the Planner’s Name? ........ made? Yes ........................ Has a copy of No ........................ the applicatio ........................ n been subm (Note: Providing ........................ itted electronic an electronic ........................ ally, copy can reduc How would you .................. e the overall admi i.e. on a flash drive or like your appr disk ? nistra tion costs asso oved certificate ciated with the sent to you? application) Email Yes Disk 2. The Site No Location of the existing use (stree

t address): ........ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ............ application site ........................ (please include ........................ a current Certi ........................ ficate of Title) ................... ........................ : ........................ ........................ ........................ ........................ ........................ ........................ ............ 3. The Applica ........................ ........................ nt ........................ (Note: The Appli .................... cant is responsibl Applicant’s Nam e to the Coun e: ................ cil for all costs ........................ associated with ........................ this applicatio Landline: ........ ........................ n) ........................ ........ ........................ ........................ ........................ ........................ ........ ........................ Email: ................ ... Mobile:............ .... ........................ ........................ ........................ ........................ ....................... ........................ Postal Address: Facs ... imile Number: ........................ ........................ ........................ ........................ ........................ Signature of ................... ........................ Applicant: (Or ........................ person autho ........................ rised to sign on ..... Post Code behalf of Appli : ................ Signature: ........ cant) ........................ ........................ ........................ Name of perso .. Date: ................ n signing (if signe ........................ d on behalf of ........................ the Applicant) : ........................ ........................ . ........................ 4. The Agent ........................ ........................ ................. Name of Agen t (include the contact perso n’s name if a company, trust ........................ or similar): ........ ........................ ........................ ........................ ........................ ........................ Landline:......... ........................ ........................ ........................ .. ........................ ........................ ........................ ........................ ........................ Email: ................ ... .................. Mobile: ................ ........................ ........................ ........................ ....................... ........................ Postal Address: ...................... Facsimile Num ........................ ber: ................ ........................ ........................ ........................ ........................ ........................ ... ........................ ........................ ..... Post Code : ................ ........................

........................

Legal descriptio n of

........................

Updated: 23 Octob er 2012

1 of 3 P-009

Christchurch City Council is our Building Authority. It is in place to protect their ratepayers from substandard building practices. We pay rates and are entitled to this service as a community. If the forms above are used for repairs the consenting process can be avoided. As a result all liability is transferred to the property owner. No Consumer Protection - high risk of substandard repairs.


The transfer of risk and liability for your insurance claim The PMO/EQR approach allows repairs so flexible that they may breach the Building Act. All the risk and liability is passed onto the property owner and the repairs can be substandard. The value of your home can be significantly reduced.

Why should you accept what is offered? Current situation

What is on offer Your entitlement IC / COUNCIL IC / COUNCIL INSURANCE /COUNCIL YOU YOU YOU Fully restored property 3 Substandard property 3 Insurance Claim 3 Property owner-Risk 3 3 Risk-Insurance Company 3Risk-Insurance Company Property owner-Liability 3 3Liability-Council 3Liability-Council AFTER DAMAGE

You have an insurance claim

PMO UNCONSENTED COUNCIL CONSENTED Can breach the Building Act Limited or no guarantee

50 year guarantee on foundations Consumer Protection

Unsustainable practices = grave threat to our future Here we see of how the risk is managed, and the liability handled. • Before the earthquakes, you did not have the risk and the liability. • You had a certified Building and purchased insurance, that took care of your risk.. • Our entitlement is that the risk and the liability is handled by insurer and council. • The PMO Guides push all this liability and risk onto the residents. • Residents should not accept this liability and risk • Unsustainable practices = grave threat to our future. • This line is from an EQC presentation. • I thought it fitted here so perfectly


What is being proposed here? Before the Earthquakes we had properties that were of a good value. Houses built 1970 and later were required to have floor levels at 11.5m This example is from the Flood Management Area around the estuary.

September 2010 Type B house timber floor with Perimeter footing Floor Levels 11,5m Land Levels 11,2m Ground water 80cm


Earthquakes

The land shook. Land where groundwater is high liquefied. The land subsided. Houses tilted and some sunk. Some cracked. These houses will be repaired or rebuilt by Insurance companies or the Project Management Office = Fletchers EQR

May 2013

Floor Levels 10,9m Land Levels 10,6m Ground water 20cm

Ty pe B hous e timber floor wi th Perimeter footing

Land Subsidence 60cm 49% of piles need replacements


PMO Guides

Building Consent NO Geotech Drilling NO Groundwater Checked NO Land strength Checked NO Structural Engineers report NO Land remediation NO Building inspection NO Check for Hazard Notices NO Liability if failure OWNER

Building Act 2004, repair Council consented plans YES Geotech Drilling YES Groundwater Checked YES Land strength Checked YES Structural Engineers report YES Surface Structure required YES Consented Foundations according to land conditions YES Progressive building inspection on all important issues YES Councils liability as per leaky house syndrome YES Council confirmed no Hazard notices YES Liability if failure COUNCIL

May 2015 Type B house Type B house Floor Levels 10,9m Land Levels 10,6m Ground water 20cm

No Land remediation 49% of piles replaced

Floor Levels 11,8m Land Levels 11,4m Ground water 100cm

Land remediation Surface structure New foundations


A D D

W AT E R

Changes on the Horizon

Ecan has published a new approach to managing Canterbury’s Floodplains in February 2013

PMO Guides Repair

As repairs were unconsented the owner has all the liability. After one or two flood events insurance companies will refuse flood insurance. Council can at any stage issue a Hazard Notice reducing the value of the property. EQC can deny liability in case of further events. Subject to a Hazard Notice

Over the last 20 years there has been an increased realisation worldwide that full reliance on structural measures, such as stop- banks, to prevent flood damages is unrealistic and not cost effective. The emphasis now is to find a balance between measures that keep floodwaters away from people and those that keep people away from floodwaters. Flood Protection & Drainage Bylaw 2013 are being updated and Council states acceptable inundation will be 40cm.

May 2016 CCC Acceptable inundation 40cm Type B house Type B house Floor Levels 10,9m Land Levels 10,6m Ground water 20cm

No Land remediation 49% of piles replaced

Floor Levels 11,8m Land Levels 11,4m Ground water 100cm

Land remediation Surface structure New Foundations


F U T U R E

E V E N T S

If we have future events here, land subsidence, earthquakes or flooding a consented repair will have full insurance cover by EQC and Insurance Company. A property that has a Hazard Notice is unlikely to have any insurance cover. A property repaired on a weak land can be refused cover for subsidence. After repeated flooding Insurance Companies can refuse insurance cover. Your bank can forfeit your mortgage. Water will always find its way through sand. If land subsides close to water, groundwater rises and land bearing capacity decreases. Higher groundwater increases risk of Liquefaction. No insurance Owners loss

2026

EQC and insurance company liable

Worst case scenario

Typ e B hous e Typ e B hous e


Compliance Refusal after 24 months? Frequently asked questions

Compliance Refusal after 24 months? Frequently asked questions

1. Why is the Christchurch City Council sending out letters about building consents and Code Compliance Certificate? To support the rebuild we are constantly looking at how we can help our customers, in this case – how to complete the building consent process. We identified the need to advise some customers that the Council has no record of a Code Compliance Certificate for their building works. We want to work with you to either update the Council’s records or advise you of what action you can take to complete the building consent process. This is crucial because a Code Compliance Certificate will give documented assurance to you and potential future buyers of your property that you have complied with the Building Code. It also shows that you have completed all the required steps around safety.

2. What will happen if I do not take any action?

1. Why is the Christchurch City Council sending out letters about building consents and Code Compliance Certificate? To support the rebuild we are constantly looking at how we can help our customers, in this case – how to complete the building consent process. We identified the need to advise some customers that the Council has no record of a Code Compliance Certificate for their building works. We want to work with you to either update the Council’s records or advise you of what action you can take to complete the building consent process. This is crucial because a Code Compliance Certificate will give documented assurance to you and potential future buyers of your property that you have complied with the Building Code. It also shows that you have completed all the required steps around safety.

The Council will do nothing further, but it will show in our system that Code Compliance Certification was refused. This will also show on your Land Information (LIM) report. You need to be confident in your own mind that you are comfortable with your decision not to apply for a Code Compliance Certificate. We recommend you consider any legal implications and talk with your insurer.

3. When the Council’s system shows that there is no Code Compliance Certificate what steps can I take? We want to work with you. Here are a number of options for you to consider: 1. If you decide not to take any action the Council’s records will continue to show that you did not complete the building consent process, which is a requirement of the Building Code. 2. If you have a Certificate of Compliance scan it and email it to codecompliance24@ccc.govt.nz and we will update our records. Thank you. 3. If you have passed a final inspection in the last six months you can go ahead and make a new application for a Code Compliance Certificate. Go to www.ccc.govt.nz/goahead and then to the forms section. 4. If you have not passed a final inspection in the last six months please book one. Make sure home maintenance is up to date and get the consent related documents by requesting the property file. You can request property files by phoning Council’s Customer Services Team on (03) 941 8999 or visiting any of the Council’s Service Centres. This costs $32.00. You can book inspections online at www.ccc.govt.nz/goahead Once you have passed the inspection please go ahead and apply for a Code Compliance Certificate. Go to www.ccc.govt.nz/ goahead and then to the forms section. 5. If your building work is still under construction please talk to us about the possibility of a time extension. A time extension can be given for a maximum of six months. Please email codecompliance24@ccc.govt.nz and describe your situation. 6. Call 941 8999 and ask to speak to the Duty Building Consent Officer if you have further questions.

4. Why is the six month timeframe so important for a final inspection? We need to make sure that earthquakes have not affected your consented building work.

2. What will happen if I do not take any action? The Council will do nothing further, but it will show in our system that Code Compliance Certification was refused. This will also show on your Land Information (LIM) report. You need to be confident in your own mind that you are comfortable with your decision not to apply for a Code Compliance Certificate. We recommend you consider any legal implications and talk with your insurer. 16. I am the new owner of the house. Is it my responsibility to apply for a Code Compliance Certificate? Yes, the Building Act 2004 states that it is the building owner’s responsibility to apply for a Code Compliance Certificate. You also want to keep the equity in your building (for future property sales), so let’s work together to get the Code Compliance Certificate if we can. 17. I was acting as ‘agent’ for the owner and I no longer have any involvement in this building consent or the code compliance application, what should I do? We will contact the current owner. You don’t need to do anything further. What can happen if your ground bearing, foundations or something else is not up to code? As your property may not have a Code of Compliance Certificate after a PMO repair, or if you cash settle your claim. The letter above can be expected, from Council. The property owner will bear the cost.

Please note: this page was added after the presentation took place.


We are asking for the following.

1. Immediate replacement of the PMO Guides with the Building Act 2004. 2. Full disclosure of actual land damage in Christchurch.


In Conclusion 1. Thousands of people are at grave risk of loosing equity in their homes. 2. The PMO Guide is the tool used to transfer all Risk and Liability onto residents. 3. The Building Act 2004 is the LAW in New Zealand and should be the only “guide� used for the recovery. 4. The public should have full access to their land information. Thank you for reading this presentation. Please share this document for the future of Christhurch For more information on this and other related issues www.chchsolddowntheriver.co.nz (soon to come)


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