2015/041: Regarding the failure to issue a section 124 Building Act notice (relating to geotechnical hazards) on a property
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- Ministry of Business, Innovation and Employment
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The applicants have applied for a determination regarding the authority's refusal to issue a dangerous building notice on their house under section 124(2)(b) of the Act.
The applicants' property is located in the Port Hills area of Christchurch and was 'red zoned' by the Canterbury Earthquake Recovery Authority after the 2010 - 2011 Canterbury earthquakes and aftershocks.
The applicants approached the authority in June 2013 and again in June 2014 requesting the authority apply a section 124 notice to their house, as they considered there was a risk that rocks from the hillside above could fall and cause death or injury to occupants.
The matter to be determined is whether the authority correctly exercised its powers in refusing to issue a section 124 notice for the applicants' house.