TC3 Residents TC3 Residents: Please Note: Page 14 Added After The Presentation Took Place
TC3 Residents TC3 Residents: Please Note: Page 14 Added After The Presentation Took Place
6 June 2013
This presentation is purely my personal assessment of the Christchurch recovery as of 6 June 2013. Based on available information and information acquired under OIA
TC3 Residents
TOGETHER WE ARE STRONGER
http://www.facebook.com/groups/TC3Residents/
esidents
Please note: page 14 added after the presentation took place. Hugo Kristinsson Member of: South Brighton Residents Association, TC3 Residents, associate of CanCern. This presentation is not a Christchurch City Council or CERA document.
Thank you for the opportunity to speak at this Forum. I have been looking at the bigger picture of the Christchurch recovery for the past year. The following presentation is a summary of some of my findings Or should I say community concerns? Thousands of people are at a grave risk of loosing equity in their homes.
WE ARE STRONGER
com/groups/TC3Residents/
If we look at the situation and consider what commitment the Government and other agencies appear to making, this does not look that bad on the face of it. Full insurance cover and assurance undersigned by the Government that THEY will make sure we will get the best outcome. Seems to instill condence.
Earthquake Commission
Canterbury Earthquakes 2010 and 2011 Land report as at 29 February 2012
10% of the worst damage has been excluded from the Stage 3 Land report. Resulting in misleading communications to the residents. Average subsidence 50mm = 140 properties subsided 250-1000mm Average ground elevation 2.2m = 140 properties below higest tide.
Report prepared for: Earthquake Commission Report prepared by: Tonkin & Taylor Distribution: Earthquake Commision, Electronic copy and Tonkin & Taylor, Electronic copy (File)
Statement from Tonkin & Taylor. Looking at the LiDAR change in elevation map, we can see that in the part of South New Brighton between Falcon St and Seaeld Place the ground subsidence is generally between 100mm and 400mm, with a few properties showing up to 500mm of subsidence. So in this part of the suburb, the ground subsidence is clearly much greater than most of the rest of South New Brighton. Of the 10% of properties in South New Brighton with more than 250mm subsidence (about 140 properties), it looks like most of them are located within the areas around the west end of Bridge St and the south end of Estuary Rd.
We are provided with Land Reports that are encouraging, Minimal or hardly any land damage. However the Stage 3 Land Reports issued in July 2012 stated the following. South Brighton Average land Subsidence 50mm I started asking questions, they were even asked at Parliament. No information was provided. Eight months later i finally got a written reply from Tonkin and Taylor. Then I asked SCIRT for information under the Official Information Act. This information confirmed that 140 properties in the area had subsided in excess of 250mm and from this image it looks like some have subsided over a meter. Significant lateral displacement, several meters and the area is likely to subside another 150 to 400mm if we have a sizable earthquake. (SLS ULS Statistics) Latest GNS predictions for the next 12 months state 25% probability of an earthquake between 5.5 5.9.
Land issues, Cabinet minutes for the Land Zoning via OIA
4.12 noted that in some of the remaining Orange areas (Southshore West, Richmond South, parts of Central City- River South, Linwood, Avonside and Wainoni) engineeting advice indicates that area-wide land remediation is the only practical option for retuning some or all of the land to a buildable state; 4.14 noted that the Minister for Canterbury Earthquake Recovery has directed the Canterbury Earthquake Recovery Authority to hold exploratory discussions with Christchurch City Council, Environment Canterbury and EQC on options for undertaking area-wide land treatment works in the areas noted in paragraph 4.12 above; 4.15 directed ofcials from the Canterbury Earthquake Recovery Authotity, in consultation with the Treasury, Department of the Prime Minister and Cabinet, and the Department of Building and Housing, to report back to Cabinet on 20 February 2012 on the outcomes of the discussions noted in paragraph 4.14 above and to advise on what roles the Crown should play in facilitating area-wide remediation works;
The seriousness of the situation is that while all the land damage information exists residents are not allowed access to this information while insurance companies and EQC are pushing people to cash settle based on repair cost. If the land can not be repaired the house should be written off or relocated.
I have been provided Cabinet minutes on the Zoning Decisions under OIA, But reading the minutes just bring up more questions. I have requested some answers. We might get an explanation of Area Wide remediation and land strengthening from CERA later. The seriousness of the situation is that while all the land damage information exist. Residents are not allowed access to these information. While insurance companies and EQC are pushing people to cash settle based on repair cost. If the land cannot be repaired the house should be written off or relocated.
On 16 February 2011 Local Government New Zealand held a seminar on natural hazards risk management. These slides are from the EQC presentation
I borrowed this from a presentation by EQC to explain how they look at the problem. You see the risk environment. This is where EQC is considering how to handle risk, Accept it or TRANSFER or SHARE it. They also look at the SYSTEMATIC ISSUES Core of the system is the Building Control Officers. That is our Council We the community groups are on the edge. EQC also mention two important issues communications and ACCOUNTABILITY
PMO Guides
Contents
1 Title Part 1 Preliminary provisions Subpart 1General Commencement 2 3 4 Commencement Purpose and principles Purposes Principles to be applied in performing functions or duties, or exercising powers, under this Act Overview 5 6 Overview Application of Act to the Crown Act binds the Crown
24 25 25
28 29
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Department of Building and Housing. 1
Loose guides that do not require inspections. No liability taken, no guarantees. All liability and risk with the property owner.
Protects the residents and gives full guarantee and liabilty if anything fails. All safety checks and inspections in place. Code of compliance.
Talking about ACCOUNTABILITY The PMO Guides are more flexible than the DBH Guidelines. All Project Management Offices and Insurance companies have been provided this document as a guide. This document lacks all Accountability, and there is a statement on it where CERA, MBIE and Council deny any liability of it. This document breaches the law in New Zealand, in Particular the Building Act. It gives the consumer no Guarantee around safety, durability, or the land strength. The Building Act is a part of the consumer protection we are entitled to by law. This Law ensures we get a guarantee that our houses are safe and durable. The building act also ensures people are not allowed to build on unsafe land. It might be worth mentioning that a recent High Court case determined that the DBH Guides have president over the Building Act regarding to our claims
Form B-390
r Homeowner
s & Building
Practitioners:
Withdrawal request of a project information memorandum (PIM) and/or building consent application
1. About this form
A project information memorandum (PIM) is a report issued by the Council prior to or in conjunction with a building consent. A PIM report provides information known to the Council which is relevant to your building proposal. Please check that the forms that you are using are current at the time of application as they are subject to change without notice. General information can be found on our website at www.ccc.govt.nz/homeliving/buildingplanning/index.aspx A building consent is the formal approval issued by a Building Consent Authority (BCA) to ensure certain works meet the requirements of the Building Act 2004, Building Regulations and New Zealand Building Code.
Please check that the forms that you are using are current at the time of application as they are subject to change without notice. Date received: General information can be found on our website at www.ccc.govt.nz/homeliving/buildingplanning/index.aspx A building consent exemption under schedule 1(k) of the Building Act 2004 is the formal approval issued by a Territorial Authority confirming a building consent is not required for the intended building works.
Resource Mana gement Act 1991 - s.139A Submit your application onlin Email to: reso urceconsenta e at: onlineservices.ccc. govt pplications@c Send to: Chris cc.govt.nz; or .nz; or tchu Deliver to: Chris rch City Council, PO Box 73013, Chris tchurch City tchurch Council, 53 Here For enquiries ford Street, Chris Mail Centre, Christchurch phone: (03) 941 8154; or tchurch. 8999
and Bui
2. The building
Is this application earthquake related? Earthquake related work If yes, is it coordinated by an insurance company via a project management organisation (PMO), e.g. Hawkins, Arrow, Fletchers, etc? If yes, name of PMO: Project number: ...................................................................................................................... Street address of building:........................................................................................................................................................................ Legal description of land where building is located: Lot No:................................................. DP:........................................................... Other: .......................................................................................................................................................................................................
2. The applicant
Is this application earthquake related?
Yes Yes
No No
Yes Yes
No No
If yes, is it coordinated by an insurance company via a project management organisation (PMO), e.g. Hawkins, Arrow, Fletchers, etc? If yes, name of PMO:
This form is to seeks certificat be used for an applicatio n under Sect ion that a parti ion 139A of Act 1991. It cular land use the Resource mus has existing Management other supportin t be accompanied by the Act 1991 wher minimum appl use rights pursuant to g information. e an applicant Section 10 of ication fee of the Resource Was there any $1,000 together Management pre-application with plans, a advice/discuss certificate of ion prior to this If Yes, what was title and application being the Planners Name? ........ made? Yes ........................ Has a copy of No ........................ the applicatio ........................ n been subm (Note: Providing ........................ itted electronic an electronic ........................ ally, copy can reduc How would you .................. e the overall admi i.e. on a flash drive or like your appr disk ? nistra tion costs asso oved certificate ciated with the sent to you? application) Email Yes Disk 2. The Site No t address): ........ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ............ application site ........................ (please include ........................ a current Certi ........................ ficate of Title) ................... ........................ : ........................ ........................ ........................ ........................ ........................ ........................ ............ 3. The Applica ........................ ........................ nt ........................ (Note: The Appli .................... cant is responsibl Applicants Nam e to the Coun e: ................ cil for all costs ........................ associated with ........................ this applicatio Landline: ........ ........................ n) ........................ ........ ........................ ........................ ........................ ........................ ........ ........................ Email: ................ ... Mobile:............ .... ........................ ........................ ........................ ........................ ....................... ........................ Postal Address: Facs ... imile Number: ........................ ........................ ........................ ........................ ........................ Signature of ................... ........................ Applicant: (Or ........................ person autho ........................ rised to sign on ..... Post Code behalf of Appli : ................ Signature: ........ cant) ........................ ........................ ........................ Name of perso .. Date: ................ n signing (if signe ........................ d on behalf of ........................ the Applicant) : ........................ ........................ . ........................ 4. The Agent ........................ ........................ ................. Name of Agen t (include the contact perso ns name if a company, trust ........................ or similar): ........ ........................ ........................ ........................ ........................ ........................ Landline:......... ........................ ........................ ........................ .. ........................ ........................ ........................ ........................ ........................ Email: ................ ... .................. Mobile: ................ ........................ ........................ ........................ ....................... ........................ Postal Address: ...................... Facsimile Num ........................ ber: ................ ........................ ........................ ........................ ........................ ........................ ... ........................ ........................ ..... Post Code : ................ ........................ Legal descriptio n of ........................ ........................
1 of 3 P-009
Contact Persons Postal Address: [Must be a New Zealand address.] ................................................................................................................ ................................................................................................................................................................................................................. Email: ..................................................................................................................................................................................................... Phone Number: ....................................................................... Mobile: ......................................................................................... Post
Same as above
Box / Street name:................................................................................................................................................................... Suburb/Lobby: ............................................. City:................................................................ Post code: ............................
(A copy for any request or further information relating to the building exemption will also be sent to the owner.)
Email: ....................................................................................................................................................................................................... Bank account details (required):............................................................................................................................................................... ................................................................................................................................................................................................................. If the ownership has changed since the application was made, new evidence of ownership will need to be provided, i.e. Certificate of Title.
Lawfully established use: [From Clause A1 Classified Uses of the New Zealand Building Code.] .. ........... Year first constructed: [Insert year an approximate date is acceptable, e.g. 1920s or 1960-1970.] ..
LU:23.10.12, LR:23.10.12, v1
1 of 3
Form B-014
LU:23.10.12, LR:23.10.12, v1
1 of 3
Form B-004
Christchurch City Council is our Building Authority. It is in place to protect their ratepayers from substandard building practices. We pay rates and are entitled to this service as a community. If the forms above are used for repairs the consenting process can be avoided. As a result all liability is transferred to the property owner. No Consumer Protection - high risk of substandard repairs.
Current situation
AFTER DAMAGE
September 2010
Type B house timber oor with Perimeter footing Floor Levels 11,5m Land Levels 11,2m Ground water 80cm
The land shook. Land where groundwater is high liqueed. The land subsided. Houses tilted and some sunk. Some cracked. These houses will be repaired or rebuilt by Insurance companies or the Project Management Office = Fletchers EQR
Earthquakes
May 2013
Ty pe B hous e timber oor wi th Perimeter footing
Building Consent NO Geotech Drilling NO Groundwater Checked NO Land strength Checked NO Structural Engineers report NO Land remediation NO Building inspection NO Check for Hazard Notices NO Liability if failure OWNER
PMO Guides
May 2015
Type B house Type B house Floor Levels 10,9m Land Levels 10,6m Ground water 20cm No Land remediation 49% of piles replaced Floor Levels 11,8m Land Levels 11,4m Ground water 100cm Land remediation Surface structure New foundations
A D D
W AT E R
Ecan has published a new approach to managing Canterburys Floodplains in February 2013 Over the last 20 years there has been an increased realisation worldwide that full reliance on structural measures, such as stop- banks, to prevent ood damages is unrealistic and not cost effective. The emphasis now is to nd a balance between measures that keep oodwaters away from people and those that keep people away from oodwaters. Flood Protection & Drainage Bylaw 2013 are being updated and Council states acceptable inundation will be 40cm.
As repairs were unconsented the owner has all the liability. After one or two ood events insurance companies will refuse ood insurance. Council can at any stage issue a Hazard Notice reducing the value of the property. EQC can deny liability in case of further events. Subject to a Hazard Notice
May 2016
CCC Acceptable inundation 40cm Type B house Type B house Floor Levels 10,9m Land Levels 10,6m Ground water 20cm No Land remediation 49% of piles replaced Floor Levels 11,8m Land Levels 11,4m Ground water 100cm Land remediation Surface structure New Foundations
F U T U R E
E V E N T S
If we have future events here, land subsidence, earthquakes or ooding a consented repair will have full insurance cover by EQC and Insurance Company. A property that has a Hazard Notice is unlikely to have any insurance cover. A property repaired on a weak land can be refused cover for subsidence. After repeated ooding Insurance Companies can refuse insurance cover. Your bank can forfeit your mortgage. Water will always nd its way through sand. If land subsides close to water, groundwater rises and land bearing capacity decreases. Higher groundwater increases risk of Liquefaction. No insurance Owners loss
2026
Worst case scenario
1. Why is the Christchurch City Council sending out letters about building consents and Code Compliance Certicate?
To support the rebuild we are constantly looking at how we can help our customers, in this case how to complete the building consent process. We identied the need to advise some customers that the Council has no record of a Code Compliance Certicate for their building works. We want to work with you to either update the Councils records or advise you of what action you can take to complete the building consent process. This is crucial because a Code Compliance Certicate will give documented assurance to you and potential future buyers of your property that you have complied with the Building Code. It also shows that you have completed all the required steps around safety.
3. When the Councils system shows that there is no Code Compliance Certicate what steps can I take?
We want to work with you. Here are a number of options for you to consider: 1. If you decide not to take any action the Councils records will continue to show that you did not complete the building consent process, which is a requirement of the Building Code. 2. If you have a Certicate of Compliance scan it and email it to [email protected] and we will update our records. Thank you. 3. If you have passed a nal inspection in the last six months you can go ahead and make a new application for a Code Compliance Certicate. Go to www.ccc.govt.nz/goahead and then to the forms section. 4. If you have not passed a nal inspection in the last six months please book one. Make sure home maintenance is up to date and get the consent related documents by requesting the property le. You can request property les by phoning Councils Customer Services Team on (03) 941 8999 or visiting any of the Councils Service Centres. This costs $32.00. You can book inspections online at www.ccc.govt.nz/goahead Once you have passed the inspection please go ahead and apply for a Code Compliance Certicate. Go to www.ccc.govt.nz/ goahead and then to the forms section. 5. If your building work is still under construction please talk to us about the possibility of a time extension. A time extension can be given for a maximum of six months. Please email [email protected] and describe your situation. 6. Call 941 8999 and ask to speak to the Duty Building Consent Officer if you have further questions.
2. What will happen if I do not take any action? The Council will do nothing further, but it will show in our system that Code Compliance Certication was refused. This will also show on your Land Information (LIM) report. You need to be condent in your own mind that you are comfortable with your decision not to apply for a Code Compliance Certicate. We recommend you consider any legal implications and talk with your insurer. 16. I am the new owner of the house. Is it my responsibility to apply for a Code Compliance Certicate? Yes, the Building Act 2004 states that it is the building owners responsibility to apply for a Code Compliance Certicate. You also want to keep the equity in your building (for future property sales), so lets work together to get the Code Compliance Certicate if we can. 17. I was acting as agent for the owner and I no longer have any involvement in this building consent or the code compliance application, what should I do? We will contact the current owner. You dont need to do anything further.
What can happen if your ground bearing, foundations or something else is not up to code? As your property may not have a Code of Compliance Certicate after a PMO repair, or if you cash settle your claim. The letter above can be expected, from Council. The property owner will bear the cost.
Please note: this page was added after the presentation took place.
In Conclusion
1. Thousands of people are at grave risk of loosing equity in their homes. 2. The PMO Guide is the tool used to transfer all Risk and Liability onto residents. 3. The Building Act 2004 is the LAW in New Zealand and should be the only guide used for the recovery. 4. The public should have full access to their land information.
Thank you for reading this presentation. Please share this document for the future of Christhurch For more information on this and other related issues www.chchsolddowntheriver.co.nz (soon to come)