2007/116: Whether proposed building work is to be carried out on land likely to be subject to slippage
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- Ministry of Business, Innovation and Employment
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The application for determination arose out of the territorial authority's decision that, unless the land was stabilised, a building consent for certain building work was to be subject to a condition under section 36(2) of the Building Act 1991 requiring an entry on the certificate of title.
The determination turned on whether, in terms of section 71(1)(a), "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", in this case slippage caused by land instability.