Making it easier to comply: a respite from quake-remedial requirements and clarification for discharge consents
The headline on one of the latest ministerial press statements generated a bit of conjecture among Point of Order writers.
The government was assuring us of …
More certainty that those buildings would not collapse in the next quake?
Not exactly.
Building and Construction Minister Chris Penk says the Government is moving to provide greater certainty about the seismic risk system.
It will do this with legislation that will extend the remediation deadline for earthquake-prone buildings by four years.
This suggests that buildings which need “remediation” won’t be remediated under the new legislation as soon as they would be required to do under the rules which will be changed.
By delaying the need for remedial work to be undertaken under the law (if we correctly understand what’s going on here), our earthquake-prone buildings may remain earthquake-prone for longer.
And extending the deadline for remedial work to be undertaken is apt to extend the time during which these buildings are that much more vulnerable to a quake.
But maybe we should forget about the risk aspect and focus on the government’s concern to make our regulations less challenging from a compliance perspective.
And fair to say, building owners who are able to carry out remediation work are being encouraged to do so.
A similar deregulatory urge has prompted Agriculture Minister Todd McClay to announce changes to consenting provisions in the Resource Management Act.
These provisions will be clarified to “provide certainty for agricultural and horticultural producers, making sure councils continue to manage discharge consents in a practical way”.
The announcements from Penk and McClay are to be found on the …
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In his compliance-easing announcement, Chris Penk says there are more than 5000 earthquake-prone buildings in the country.
In many instances these buildings are not being remediated because complying with the regulations is proving too complex and too costly he says.
“The current system lacks clarity. Just this week there were news stories about a building in Porirua that one assessment rated as 15 per cent of New Building Standard, meaning it is has a relatively high earthquake risk, while another assessment rated it as 70 per cent of new building standards, meaning it has low risk.
“That’s why we are undertaking a full review of the earthquake-prone building system to investigate ways to simplify and clarify the system. Building owners need more certainty and better incentivisation to remediate or demolish their earthquake-prone buildings.
“While this review is underway it is only fair that we extend the remediation deadlines for earthquake-prone buildings.
The Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill, which passed its first reading this week, extends the remediation deadline for all non-lapsed earthquake-prone buildings, as of 2 April 2024, by four years.
The extension will take effect when the Bill passes into law, which is expected by the end of the year. There will also be an option to extend deadlines by a further two years if required.
Almost 500 buildings have remediation deadlines that are set to expire over the next four years.
The over-riding goal of the review is to create a system that will keep New Zealanders safe through managing seismic risk while being pragmatic about real-world costs and barriers, Penk said.
More information on the earthquake-prone building and seismic risk management review can be found here Earthquake-prone building and seismic risk management review | Ministry of Business, Innovation & Employment (mbie.govt.nz).
The Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill also includes provisions relating to:
- independently qualified persons and the building warrant of fitness scheme as one response to the Loafers Lodge fire in May 2023
- other minor and technical amendments to improve the operation and workability of provisions in the Building Act.
“This would restrict councils’ ability to issue, or re-issue, consent for discharges from activities by industry, farming, meat processing, as well as wastewater discharges.”
Cabinet this week agreed to make “time-critical amendments to section 107 of the RMA” so that councils and consent applicants have legal clarity, and the certainty they need to plan ahead.
This needs to be addressed urgently because a large number of consents could be declined or put on hold, which will cost councils, industry and many primary sector producers, and could mean activities such as large-scale irrigation schemes can’t operate.
“The court decisions could result in more discharges needing consents, more consent applications being declined, and consent conditions becoming more restrictive, reducing the ability to improve freshwater quality over time.
“Some discharges that previously could have received a consent may be unable to in future.
The Government believes councils and local communities are best placed to determine the timeframes and methods for achieving those outcomes, McClay says.
Point of Order is a blog focused on politics and the economy run by veteran newspaper reporters Bob Edlin and Ian Templeton
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