27th April 2017
The Roman Catholic Bishop of the Diocese of Christchurch
PO Box 4544
Christchurch 8140
s124 Notice
Notification of earthquake-prone building
Building Name: Catholic Basilica
Site Address: 136 Barbadoes Street, Christchurch
Legal Description: Lot 3 DP 50663
Christchurch City Council records show that you are either an owner of, or a party with an interest in the
building described above. Owners are receiving this letter to inform them of their legal obligations as an owner
of an earthquake prone building, and to enclose a notice under section 124 of the Building Act 2004. The
Building Act also requires that interested parties are given a copy of the section 124 notice. If you are not the
owner of the building described above, please let us know.
The Council has previously notified owners in writing that the building is considered to be earthquake-prone
based on the detailed engineering evaluation (DEE) information held on file. The building is listed on the
Council’s earthquake-prone building register. As you will be aware, this building has been assessed at 33 per
cent or less of the New Building Standard (NBS), therefore elements of the building are considered likely to
collapse causing injury or death to people or damage to other property in a moderate earthquake.
Your building is described as a Category C earthquake-prone building (refer Appendix A for definition) and you
have 30 years to complete either the strengthening or demolition of your building upon receipt of the enclosed
earthquake-prone building notice (Appendix B).
This notice requires you to strengthen the building so that it is no longer earthquake-prone (as defined in the
Building Act 2004). Please refer to Appendix C for your obligations and responsibilities. Alternatively you can
demolish some or all of the building so that the remaining structure is no longer earthquake-prone.
Please display this notice in a prominent place on the building (or as close to the building as possible, if there
is fencing/hoarding around the building), as required by section 125 of the Building Act 2004.
It is important that you read the attached notice to ensure that you understand it, and seek further advice if
required.
Christchurch City Council
Civic Offices, 53 Hereford Street
PO Box 73013
CHRISTCHURCH 8154
You can dispute the decision by the Council to classify your building as earthquake-prone and apply for a
determination from the Chief Executive of the Ministry of Business, Innovation and Employment. Such a
decision will be binding on the Council. If, for any reason, you do not agree with the status of the building,
please contact us: email
[email address] or phone 941 8999.
Any earthquake work, either strengthening or demolition, is still subject to the normal resource and building
consenting requirements of the Council. A suitably qualified person, such as a chartered structural engineer,
may be able to advise you of your options.
You should notify the Council once the strengthening works have been completed. If a building consent is
required for your work the section 124 notice will not be withdrawn until a code compliance certificate has
been issued. The building will also be removed from the Council’s earthquake-prone building register.
For more information, or to get a copy of the earthquake-prone, dangerous and insanitary buildings policy,
visit ccc.govt.nz. For information about the legislative changes regarding earthquake prone buildings see
Appendix D.
Earthquake Prone Building Team
Christchurch City Council
Civic Offices
Phone: 941 8999
Yours sincerely
Robert Wright
Head of Building Consents
CHRISTCHURCH CITY COUNCIL
Christchurch City Council
Civic Offices, 53 Hereford Street
PO Box 73013
CHRISTCHURCH 8154
Appendix A – Building categories
The following building categories are defined in the Earthquake-prone, dangerous and insanitary buildings
policy 2010:
Category A
Buildings with special post-disaster functions as defined in AS/NZS 1170.0:2002— Importance Level 4.
Must be strengthened within 15 years from the date the owner is notified that their building is
potentially earthquake-prone.
Category B
Buildings that contain people in crowds or contents of high value to the community as defined in
AS/NZS 1170.0:2002—Importance Level 3. Note that “contents of high value to the community” does
not include the fabric of the building itself.
Buildings constructed of unreinforced masonry or unreinforced concrete.
Must be strengthened within 20 years from the date the owner is notified that their building is
potentially earthquake-prone.
Category C
Buildings with an importance level less than 3 as defined in AS/NZS 1170.0:2002.
Must be strengthened within 30 years from the date the owner is notified that their building is
potentially earthquake-prone.
Any building that falls within more than one category will be assigned to the highest category level.
Appendix B – Earthquake Prone Building Notice
See attached document.
Appendix C – Obligations and responsibilities
Council requirement to display sign
In the interests of public safety and information, and notwithstanding a pending law change, the Council has
decided to instruct you to display the enclosed warning sign (Appendix D). The Council require that you do
this under the terms of the Building Act.
The earthquake-prone building notice (Appendix D) must be displayed in a prominent place. If the building is
unable to be occupied you need to fix the notice to the external structure, hoarding or fence. Enforcement
action may be necessary where this request is not complied with.
Additionally, any people who have an interest in this building will also receive a copy of the notice. This is
required under the Building Act 2004.
Christchurch City Council
Civic Offices, 53 Hereford Street
PO Box 73013
CHRISTCHURCH 8154
Owner responsibilities
Under the Health and Safety at Work Act 2015, a commercial property owner/landlord must ensure all tenants
are advised of this action as soon as possible. The notice will need to remain in place until the seismic issues
have been resolved to the Council’s satisfaction.
Heritage buildings
Heritage buildings will be assessed and categorised in the same way as other buildings and are subject to the
same timeframes for strengthening if found to be earthquake-prone.
To support the retention of heritage buildings, structures and objects where this can be achieved, the Council
intends to continue to support the upgrading of heritage buildings through its Heritage Incentive Grants and
the provision of rates-funded advice. For information on assistance and support, contact the Council’s
heritage advisors by telephone on 941 8999 or by email on [email address].
Appendix D – Changes to the Building Act 2014
Changes to the Building Act are expected to come into effect between July 2017 and May 2018. These changes
are described in the Building (Earthquake-Prone Buildings) Amendment Act 2016.
Under the new legislation, all earthquake-prone buildings nationwide will be listed on a publicly accessible
register. All buildings on the register will be required to display earthquake-prone building notices in a
prominent place. The nationwide register and the building notice to be displayed will disclose the assessed
earthquake rating for the building.
The Council will write to you again when the new act takes effect about your responsibilities and the new
timeframes for any work under a new earthquake-prone building notice.
Christchurch City Council
Civic Offices, 53 Hereford Street
PO Box 73013
CHRISTCHURCH 8154
EARTHQUAKE PRONE BUILDING
Notice pursuant to S124(2)(c) of the Building Act 2004
To:
the owners of the building;
the occupiers of the building; and
every person who has an interest in the land on which the building is situated (see s125 Building Act 2004).
This notice is for the building situated at 136 Barbadoes Street, Christchurch more particularly being described as Lot 3 DP 50663, and being all the land comprised in
Certificate of Title 29B/1137.
The Christchurch City Council is satisfied the above building is earthquake prone
If you fail to comply with this notice the Christchurch City Council will consider
under the Building Act 2004.
exercising further enforcement powers under the Building Act 2004 which includes
restricting access to the building and/or putting up a hoarding or fence to prevent
The meaning of earthquake prone is defined by section 122 of the Building Act 2004
people from approaching the building nearer than is safe, or initiating a
in conjunction with clause 7 of the Building (Specified Systems, Change for Use, and
prosecution under the Building Act 2004.
Earthquake Prone Buildings) Regulations 2005.
Anyone defacing or removing this notice commits an offence under section 368 of
For further information please refer to the Christchurch City Council’s Earthquake
the Building Act 2004 and may be liable to a fine of up to $5,000, or you can be
Prone Buildings Policy 2010 (Policy). You can view the policy
at www.ccc.govt.nz.
issued with an infringement notice and an instant fine of $500.
As the building is earthquake prone, and in accordance with the Policy, the owners
Under section 368 of the Building Act 2004, it is an offence to remove or deface this
of the building are required by April 2047 to either:
notice:
a)
Strengthen the building to a sufficient degree so that it is not earthquake
(1) A person commits an offence if the person:
prone; or
b)
Demolish all or part of the building, so that the remainder of the building
a) wilfully removes or defaces any notice published under this Act; or
(if any) is not earthquake prone.
b) incites another person to do so
A building consent must be obtained prior to strengthening or demolition work
(2) A person who commits an offence under this section is liable on
being undertaken. The building consent must be obtained and the work must be
conviction to a fine not exceeding $5,000.
completed before the date noted above. A resource consent may also be required.
Robert Wright
Head of Building Consenting
PO Box 73013, Christchurch, 8140, Phone: 03 941 8999
