Quake-prone building reprieve
Four more years for seismic work but some owners could still face prosecution
The Government will review the earthquake-prone building system and extend deadlines for seismic strengthening work, providing some relief for councils and building owners facing a looming crisis.
The greater Wellington region has over 800 buildings awaiting strengthening with more than 500 in the city alone. Many owners cannot afford to fix them and some councils face onerous enforcement obligations.
Building and Construction Minister Chris Penk will announce today that deadlines would be extended by four years and a scheduled review of the building system brought forward to “start Immediately”.
“Councils and building owners have told me that many buildings will not meet their deadlines due to the high costs involved, further complicated by cumbersome heritage rules and ownership structures,” Penk said.
“Without change, a significant number of buildings could sit empty which would have a devastating impact on the economy in cities such as Wellington and provincial towns across New Zealand.
“A key part of our plan is to cut red tape that gets in the way of doing business and getting things done.”
The current version of the earthquake-prone building system was enacted in 2017, requiring buildings considered to be earthquake-prone to be remediated before set dates with nearly 500 deadlines set to expire over the next four years.
A review of the system was previously scheduled for 2027, but terms of reference for an earlier review would be considered by the Cabinet next month, Penk said. “The Government has decided to bring this forward to provide greater certainty and this work will begin immediately.”
These changes required an amendment to the Building Act 2004 and Penk said they planned for a bill to be passed before the end of the year.
“The review will be extensive and consider the appropriate risk settings to protect safety while ensuring the rules are workable to support businesses, increase economic activity and create jobs.”
It would also examine the way earthquake risk was managed overseas.
Penk said the Government “welcomed input from councils in major cities and provincial towns, and the views of the insurance and banking sectors”.
Christchurch experienced a devastating earthquake in 2011 which took the lives of 185 people in the fatal February 9 quake. The region has 926 earthquake prone buildings.
Christchurch earthquake survivor Ann Brower said the four-year extension was “rewarding procrastination”. “There might be legitimate reasons for extending some of those, but a blanket extension sets a dangerous precedent and puts the rest of the country asrisk.
“It almost punishes those who followed the rules, who met the deadline.”
Brower was the sole survivor of a bus crushed by a collapsed building in Colombo St during the February 2011 earthquake. “If we can’t afford to keep these buildings, we can’t afford to keep them,” she said. “Let’s just hope an earthquake doesn’t hit between now and [the end of the extension]. Or if it does, just try not be near one of those buildings.”
The minister met with Wellington Mayor Tory Whanau and a range of stakeholders earlier this year to find out more about issues they faced.
Whanau said it was “an extremely complex issue” and she was glad the minister had moved quickly to provide extensions. “It’s important that New Zealand has a system for strengthening buildings that is fit for purpose. The closure of earthquake-prone buildings come with significant social and economic costs, resulting in an often unaffordable and unsustainable position for building owners.”
She said the city, its residents and businesses faced “astronomical costs” to strengthen buildings.
“Without change there was a real risk council would be required to close some buildings with a crippling effect on owners and the city as a whole.”
The extension applied to deadlines due after April 2 this year, but would not retroactively apply to buildings whose deadlines had already lapsed.
This meant owners of buildings such as the previously strengthened, but still ‘earthquake prone’ Tea Store apartments on Egmont St which reached its deadline in January last year could still be prosecuted.
Chair of the Tea Store’s body corporate Chris Graham said not including buildings such as theirs in the extensions was “criminal”. “It beggars belief that all the problems causing the review, which have prevented us doing the work, can still be actioned against us.”
There were over 250 earthquake prone buildings in the seven districts in the Wellington region outside of the city. Masterton was home to over 90 of these and the council said while an extension was welcomed, work needed to continue to meet deadlines.
Masterton District Council infrastructure and assets manager Maseina Koneferenisi said they hoped the announcement would not slow the momentum they have achieved so far. “An extension of four years to deadlines may seem like a long time, but owners should continue to plan – the issue cannot be ignored.”
Hutt South MP Chris Bishop the announcement of a review would be “widely welcomed” by districts around the region. “I’ve been part of the policy discussions around that and I think it will make a real difference for Wellington and the wider region including the Hutt Valley.”