No option but to err on side of caution

It is hard not to feel some sympathy for Prego Mediterranean Foods owner Peter McNairney. The lease on his Nelson City Council-owned building runs until 2018 – when he has been told the building was due to be demolished. He recently spent money opening up a cafe area, which has become popular. Now, instead of having six years to find other premises and plan an orderly transition, he has been told the building he has operated from for nearly five years is to be closed, as it is deemed a safety risk in the event of an earthquake.

Mr McNairney is hitting back strongly. He denies the building is unsafe, and says there are no legal or technical reasons to close it. He adds that it is no different from many other privately owned buildings in the city which have been given unsatisfactory earthquake ratings. Most of the owners of private buildings are being given 15-30 years to bring them up to scratch.

Mr McNairney, then, can be seen as being penalised simply because the city council owns the premises he works from. He says no staff or customers have expressed concern about the potential threat to their safety, and describes the council’s actions as voluntary and unnecessary. If the building was really that much of a risk, it would have been closed a year ago when its low earthquake resistance rating was set, he adds.

It is one of a number of issues that have arisen for individuals and communities in the wake of the Canterbury earthquakes. Insurance premiums have soared. Some historic buildings – churches for example – have become difficult if not impossible to arrange insurance for. And complacency over earthquake strengthening programmes – especially multistory masonry buildings within central business districts – has received a major shakeup.

Mr McNairney might see himself as a victim of politically correct-style enthusiasm by the council to lead by example and minimise perceived risk. He might well ask, if the risk is so great that he can no longer operate his business, will the council similarly close the footpath and streets outside the building?

The issue for everyone – the council, Mr McNairney, and those involved in other buildings that are recognised as falling well short of expected quake resistance ratings – is how real is the risk? What are the odds of an earthquake large enough to topple buildings such as the one housing Prego happening within the next few years? What is the appropriate response to that risk?

Unfortunately for Mr McNairney and the council, as the owner of a building that is no longer going to be producing an income, this is not the time for gungho she’ll-be-rightism. The events in Christchurch have illustrated all too forcefully the potential for disaster.

Ongoing inquiries into fatal building collapses in Christchurch leave no wriggle-room for the council, which – charged with setting and policing appropriate standards within its boundaries – simply must err strongly on the side of caution, no matter how small the real risk of disaster might seem. Should the worst happen, the consequences of having failed to act despite being warned of risk are simply unthinkable.