However, under Section 71(2) the restriction on the BCA's ability to grant a building consent does not apply if:
The BCA is satisfied that 'adequate provision' has been made, or will be made, to:-
(a) protect the land, building work, or other property from the natural hazard (s); or
(b) restore any damage to that land or other property as a result of the building work.
What does 'adequate provision' mean?
In order to demonstrate that 'adequate provision' has been made for the purposes of Section 71(2)(a) or (b), applicants are required to provide a site-specific report from a Chartered Professional Engineer in support of their building consent application. The FNDC will take that report into account when deciding whether Sections 71(2)(a) or (b) apply.
The report must address Sections 71(2)(a) and/or (b) (as the case may be) and confirm that the applicable statutory requirements will be satisfied, including:
- Confirmation that suitable mitigation of the relevant natural hazard has been or will be achieved on site;
- Confirmation that the proposed design incorporates appropriate protection of the land, the building work, or other property and/or that any damage to the land or other property will be restored;
- Producer Statement (PS1) certification of the design;
- Assessment of compliance with the NZ Building Code