Section 106 RMA

A consent authority may refuse a subdivision consent application, or may grant consent subject to conditions, if the land is at significant risk from natural hazards. ⁴⁷²⁷ An assessment of the risk from natural hazards requires a combined assessment of the likelihood of the natural hazards occurring; the material damage that would result from natural hazards to the land where the consent is sought, other land, or structures; and any likely subsequent use of the land that would accelerate or worsen the damage predicted from a natural hazard.  .

The failure of a territorial authority to identify and communicate the existence of known natural hazards could result in a finding of negligence against the territorial authority. ³⁸⁶⁵ In Smaill v Buller District Council the Council was found to have negligently approved subdivision consent and building permit applications for unstable land.

Last updated at 12:14PM on February 8, 2018