amended dangerous and insanitary buildings policy 2021 1.pdf

Waitomo District Council
Dangerous and Insanitary
Buildings Policy

First Adopted:
25 July 2006
Review History:
2016
Date of Next Review:
25 July 2021
Responsibility:
GM Strategy and Environment
Adopted by:
Council (26 October 2021)

INTRODUCTION | KUPU ARATAKI
The provisions of the Building Act 2004 (the Act) reflect the governments concern with the safety of
the public in buildings and in terms of dangerous and insanitary buildings, the need to reduce the
danger to the public posed by such buildings. The Act also requires the Policy to state the Council’s
policy approach regarding affected buildings, which are buildings adjacent to, adjoining or nearby to
a dangerous building or dam.
The  Act  leaves  it  up  to  each  territorial  authority  to  determine  the  approach  to  be  taken  to  the
management of dangerous and insanitary buildings. The approach can either be active or passive.
PURPOSE AND SCOPE | TE ARONGA ME TE KORAHI
1.
The purpose of this policy is to:

Reduce  the  potential  risk  posed  to  residents  in  the  District  by  dangerous,
affected and insanitary buildings; and

Provide  a  clear  framework  for  how  Council  will  manage  dangerous,  affected,
insanitary and heritage buildings.
2.
The policy sets out:

The approach Waitomo District Council takes in performing its functions under
the Building Act 2004;

Waitomo District Council priorities in performing those functions; and

How the policy applies to dangerous, affected, insanitary and heritage
buildings
3.
This policy applies to all buildings within the Waitomo District Council territorial
authority district.
DEFINITIONS | NGĀ WHAKAMĀRAMATANGA
Affected Building
Defined in s121A of the Act;
A building is an affected building for the purpose of this Act if it is
adjacent to, adjoining, or nearby:
(a)
A dangerous building as defined in section 121; or
(b)
A dangerous dam within the meaning of section 153.
Authorised officer
has the same meaning as section 222 of the Act, as follows: means
an officer of a territorial authority to whom either or both of the
following applies:
(a)
he or she is authorised to carry out inspections; or
(b)
he or she is authorised to enter the land –
(i)
by this Act; or
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(ii)
by an order of the District Court made under section
227.
Building owner
Defined in section 7 of the Act;
Owner in relation to any land or buildings on the land,
(a)
means the person who –
(i)
is entitled to the rack rent from the land; or
(ii)
would be so entitled if the land were let to a tenant
at a rack rent; and
(b)
includes –
(i)
the owner of the fee simple of the land; and
for the purposes of sections 32,44,92, 97 and 176 (c) any person
who has agreed in writing, whether conditionally or unconditionally,
to purchase the land or any leasehold estate or interest in the land,
or to take a lease of the land, and who is bound by the agreement
because the agreement is still in force.
Council
Means the Waitomo District Council
Dangerous Building
Defined in section 121 of the Act;
(1)
A building is dangerous for the purposes of this Act if;
(a)
in  the  ordinary  course  of  events  (excluding  the
occurrence of an earthquake), the building is likely to
cause –
(i)
injury  or  death  (whether  by  collapse  or
otherwise) to any persons in it or to persons
on other property; or
(ii)
damage to other property; or
(b)
in the event of fire, injury or death to any persons in
the building or to persons on other property is likely.
(2)
For  the  purpose  of  determining  whether  a  building  is
dangerous  in  terms  of  subsection  (1)(b),  a  territorial
authority:
(a)
May  seek  advice  from  employees,  volunteers,  and
contractors of Fire and Emergency New Zealand who
have been notified to the territorial authority by the
board of Fire and Emergency New Zealand as being
competent to give advice; and
If the advice is sought, must have due regard to the advice
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Heritage Building
Defined in section 7 of the Act;
Means a building that is included on:
(a)
the  New  Zealand  Heritage  List  /  Rarangi  Korero
maintained  under  section  65  of  the  Heritage  New
Zealand Pouhere Taonga Act 2014; or
(b)
the National Historic Landmaks / Ngaa Manawhenua
o  Aotearoa  me  onaa  korero  Tuturu  list  maintained
under  section  81  of  the  Heritage  New  Zealand
Pouhere Taonga Act 2014.
(c)
a place, or part of a place, that is subject to a heritage
covenant  under  section  39  of  the  Heritage  New
Zealand Pouhere Taonga Act 2014 and is registered
under section 41 of that Act; or
(d)
a place, or part of a place, that is subject to a heritage
order  within  the  meaning  of  section  187  of  the
Resource Management Act 1991; or
(e)
a  place,  or  part  of  a  place,  that  is  included  in  a
schedule  of  a  district  plan  because  of  its  heritage
value:
(f)
elsewhere  in  this  Act,  a  building  referred  to  in
paragraph (a)(i) or (ii)
Immediate danger
Defined in section 129 of the Act;
(1)
This section applied if, because of the state of the building;
(a)
Immediate danger to the safety of people is likely in
terms of section 121 or 123; or
(b)
Immediate  action  is  necessary  to  fix  insanitary
conditions.
Insanitary Building
Defined in section 123 of the Act;
A building is insanitary for the purposes of this act if the building;
(a)
Is  offensive  or  likely  to  be  injurious  to  health
because;
(i)
of how it is situated or constructed; or
(ii)
it is in a state of disrepair; or
(b)
has  insufficient  or  defective  provisions  against  moisture
penetration so as to cause dampness in the building or in any
adjoining building; or
(c)
does not have a supply of potable water that is adequate for
its intended use; or
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(d)  does  not  have  sanitary  facilities  that  are  adequate  for  its
intended use.
Property file and
A record of legal information the Council is required to maintain in
register
terms of section 216 of the Act.
Territorial Authority
Within the context of this policy means Waitomo District Council.
The Act
The Building Act 2004
POLICY | KAUPAPA HERE
4.
Council’s Role
4.1
Council will not actively inspect all buildings within the District, but will make it
a priority to quickly and efficiently respond to information received regarding
potentially dangerous, affected or insanitary buildings.
5.
Heritage Buildings
5.1
This policy applies to Heritage buildings in the same way it applies to all other
buildings. Where Council receives information regarding buildings which have a
heritage classification under Heritage New Zealand Pouhere Taonga, in addition
to  consulting  with  affected  owners  Council  will  consider  seeking  advice  from
Heritage New Zealand Pouhere Taonga. Council recognises heritage buildings as
important infrastructure that add character and history to the district.
A number of heritage buildings are listed with the New Zealand Historic Places Trust
and/or are listed in the Heritage section of the District Plan.
When considering heritage buildings under this Policy, consideration will be given to:
a)
The importance of recognising any special traditional and cultural aspects of
the building and the intended use of a building, and
b)
The  need  to  facilitate  the  preservation  of  buildings  of  significant  cultural,
historical or heritage value.
6.
Assessment Procedure
6.1
When  Council  receives  information  from  any  person  that  indicates  that  a  building  is
potentially dangerous, affected, or insanitary it will assess the building in order to determine
whether or not it is a dangerous, affected or an insanitary building. This will involve (but not
be limited to):
c)
Checking the details of the property against Council records;
d)
An authorised officer undertaking a full and extensive inspection of the building;
e)
Where necessary, seeking advice from the NZ Fire Service; and
f)
Preparing an inspection record.

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7.
Building Act 2004 Requirements
7.1
Where a building is determined to be a dangerous, affected or an insanitary building,
Council will work with the building owners to find a mutually acceptable plan of action
before  exercising  its  powers  under  the  Act.  Council  will,  however,  exercise  its
statutory powers under the Act where action is required to avoid immediate danger
or  in  circumstances  where  an  acceptable  solution  cannot  be  negotiated  with  the
building owner.
8.
Approach Applied
8.1
In forming its view as to the work or action that is required to be carried out on the
building to prevent it from remaining a dangerous, affected or insanitary building, or
where Council needs to prioritise work on buildings, the following issues will be taken
into account:
a)
The size of the building;
b)
The complexity of the building;
c)
The location of the building in relation to other buildings, public places and
natural  hazards;
d)
The life of the building;
e)
How often people visit the building;
f)
How many people spend time in the building;
g)
How many people spend time in the vicinity of the building;
h)
The current or likely future use of the building;
i)
The reasonable practicality of any work concerned; and
j)
Any other matters Council considers may be relevant, taking into account
the particular set of circumstances.
9.
Cost To Owners
9.1
The  owner  of  a  building  which  is  determined  to  be  a  dangerous,  affected  or  an
insanitary building, will bear all costs incurred in meeting the requirements of the
Act. These costs include assessment and enforcement costs incurred by Council.
10.
Council Records

10.1  Council  will  retain  all  information  relating  to  dangerous,  affected  and  insanitary
buildings on the relevant property file. This includes a copy of the inspection record
and any action taken.
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