2026/010: An authority’s decision to refuse to remove a section 72 entry following subdivisions - 2127A Whangarei Heads Road, Whangarei
- Abbreviation
- 2026/010
- Valid from
- 26/03/2026
- Information provider
- Ministry of Business, Innovation and Employment,
- Author
- Ministry of Business, Innovation and Employment
- Information type
- Determination,
- Format
- PDF,
Description
This determination considers an authority’s decision to refuse to remove an entry on a property’s record of title relating to a natural hazard.
It discusses how the entry came to be recorded against the current record of title following a series of subdivisions and the relevance of where the building work described in a 2004 building consent was carried out, in determining whether the entry is no longer required in terms of section 74(3).
Decision
In accordance with section 188 of the Building Act 2004, it has been determined that the entry under section 74(1)(b) on the record of title for the owners’ property is no longer required, so the authority’s decision to refuse to remove this entry has been reversed.