Decision
In an Ordinary Council Meeting on 15 August 2023, with no feedback from public consultation to consider, Council has unanimously approved the proposed amendment to the Dangerous Buildings Policy and Insanitary Buildings Policy. Section 123B of the Building Act 2004 will be added to the definitions section of both the policies.
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Background
The Building Act 2004 requires every territorial authority to have policies to manage dangerous and insanitary buildings. The policies ensure that Council has a mechanism to identify dangerous and insanitary buildings and clearly state the actions required to mitigate the risk they pose to public health and safety.
Council is required to review its Dangerous Buildings Policy and Insanitary Buildings Policy at intervals of not more than five years. Section 132 of the Building Act 2004 mandates that these policies may only be amended or replaced in accordance with the ‘special consultative procedure’ as laid out in section 83 of the Local Government Act 2002.
The current policies were created as a result of changes brought about by the Building (Earthquake-prone Buildings) Amendment Act 2016, which were effective from 1 July 2017. The changes removed earthquake prone buildings from the previously titled ‘Dangerous, Insanitary and Earthquake Prone Building Policy’.
As the current policies have been in effect since December 2017, they are now due for review and adoption.
Reason for the proposal
After reviewing the policies, Council is proposing one change to both the Dangerous Buildings Policy and Insanitary Buildings Policy.
As changes are proposed, Council is required to consult on the proposal and provide an opportunity for public feedback.
Proposed changes
Council is proposing that the following be added to the definitions section of both policies.
“Section 123B describes buildings in areas designated under subpart 6B.”
Consultation Document
The consultation document includes information about the proposal to enable residents to make an informed decision.
