2025/011: An authority’s decision to grant a building consent under section 72 for building work adjacent to neighbouring land subject to the natural hazard of slippage - 70 Gargan Road, Tauriko, Tauranga
- Abbreviation
- 2025/011
- Valid from
- 20/02/2025
- Information provider
- Ministry of Business, Innovation and Employment,
- Information type
- Determination,
- Format
- PDF,
Description
This determination considers an authority's decision to grant a building consent under section 72 for a new building on land adjacent to a neighbouring property that is subject to the natural hazard of slippage.
The matter turns on whether the neighbouring land is intimately connected with the land on which the building work is being carried out.
Decision
In accordance with section 188 of the Act, it has been determined that the building consent should have been granted under section 49 of the Act.
The authority’s decision to remove the section 72 condition from the building consent has been modified. It is for the authority to communicate this decision with the Registrar-General of Land.