Building Act 2004

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Limitations and restrictions on building consents: Construction of building on land subject to natural hazards

71 Building on land subject to natural hazards


A building consent authority must refuse to grant a building consent for construction of a building, or major alterations to a building, if—


the land on which the building work is to be carried out is subject or is likely to be subject to 1 or more natural hazards; or


the building work is likely to accelerate, worsen, or result in a natural hazard on that land or any other property.


Subsection (1) does not apply if the building consent authority is satisfied that adequate provision has been or will be made to—


protect the land, building work, or other property referred to in that subsection from the natural hazard or hazards; or


restore any damage to that land or other property as a result of the building work.


In this section and sections 72 to 74, natural hazard means any of the following:


erosion (including coastal erosion, bank erosion, and sheet erosion):


falling debris (including soil, rock, snow, and ice):




inundation (including flooding, overland flow, storm surge, tidal effects, and ponding):



Compare: 1991 No 150 s 36(1)