4 Feb 2013
THE INSURANCE COUNCIL OF NZ INCORPORATED V CHRISTCHURCH CITY COUNCIL HC CHCH CIV 2012-409-2444
- Citation
- openlaw-cfce2243_964d_4e6d_9c74_c839bc759fc9.pdf
- Court
- High Court
The Court held that 'danger' in s 124(1)(c)(i) encompasses both the definitions of dangerous and earthquake‑prone buildings; territorial authorities may not use s 124 notices to require an unconditional increase of a building's capacity above 34% NBS as a policy objective, but they may require work to reduce or remove specific vulnerabilities or risks where the building is under 34% NBS even if the works result in strengthening above 34% NBS; policy guidance endorsing 67% NBS is permissible as aspirational guidance but cannot be used to mandate strengthening beyond the statutory limit under s…