STATEMENT OF PROPOSAL
The statement of proposal has been prepared in accordance with Section 83 of the Local Government Act 2002 (The Act).
Section 131(1) of the Building Act requires a territorial authority to adopt a policy on dangerous and insanitary buildings within its district. The policy is required to state (section 131(2) of the Building Act):
- the approach that Ōpōtiki District Council will take in performing its functions under this Part; and
- its priorities in performing those functions; and
- how the policy will apply to heritage buildings.
The Ōpōtiki District Council Dangerous and Insanitary Buildings Policy was first adopted in 2006 and then reviewed in 2011. The 2019 reviewed version of the policy has taken into account:
- the Ōpōtiki District Council Dangerous and Insanitary Buildings Policy 2011
- the Building Act 2004
- the Ōpōtiki District Council Enforcement Policy.
Prior to the amendment of the Building Act 2004 by the Building (Earthquake-prone Buildings) Amendment Act 2016, Council could take action under section 124 of the Building Act to manage buildings that were earthquake-prone. The Building Act now includes a specific section for the management of earthquake-prone buildings. Council has an Earthquake-prone Buildings Policy, which has also been reviewed.
CHANGES TO THE ŌPŌTIKI DISTRICT COUNCIL DANGEROUS AND INSANITARY BUILDING POLICY 2011
The Building Act requires Council to review its Dangerous and Insanitary Building Policy every five years. The 2019 review has taken into account legislative amendments, organisational name changes and the views of Council.
In reviewing the policy, Council approach has moved towards managing dangerous and insanitary buildings in a way that no longer gives the same consideration around the broader social and economic issues affecting the community. Instead, the focus has changed and is on taking the relevant action to ensure that buildings are brought back up to the required standard if there are concerns they are of a dangerous or insanitary nature. The policy also now seeks action to be considered against the Council's Enforcement Policy 2017.
It is suggested that a policy that does not re-state the legislation and has a clear objective of tackling dangerous and insanitary buildings is easier to understand and implement.
Have your say
Your views can be provided to Ōpōtiki District Council by any of the following methods:
- writing to Council at PO Box 44, Ōpōtiki 3162
- emailing email@example.com
- completing the online submission form
- completing a hardcopy submission form which is available at Council's office at 108 St John Street, Ōpōtiki or the Ōpōtiki District Library.
The consultation period will be from Monday 9 September 2019 to Friday 18 October 2019. The last day for submissions will be Friday 18 October 2019.
All submissions will be made available to the Council and they will take them in to consideration when making decisions.
Questions and comments on the reviewed policy
Ōpōtiki District Council seeks your views on the 2019 reviewed Ōpōtiki District Council Dangerous and Insanitary Buildings Policy.
Our submission form asks the following questions:
- Do you agree with the approach in the reviewed policy
- If not, which aspects do you disagree with and why?
- Are there policy aspects that have not been included?
What happens next?
Once the submissions have been received and collated, a report will be prepared for Council. The report will be available on Council's website three days prior to the Council meeting.
If you have selected to speak to your submission you will be notified of the Council meeting and hearing.
Council will make recommendations regarding the policy. The recommendations will be reflected in the reviewed policy and it will then be adopted by Council.
Further information on the legislative process and requirements can be found at sections 121 to 132A of the Building Act 2004.