Why has my ‘red placard’ been replaced with a Section 124 prohibited access notice?
The last of the ’red placards’ issued under Civil Defence and Emergency Management emergency legislation expired in mid-July. Properties where the land or buildings are still believed to be dangerous have now been issued with prohibited access notices (which also happen to be red) under Section 124 of the Building Act which prohibit unauthorised* access indefinitely.
*In this context, unauthorised means anyone who does not have express permission to enter the property from the agency that issued the prohibited entry notice.
Who placed a Section 124 prohibited access notice on my property?
Christchurch City Council has issued prohibited access notices under Section 124 of the Building Act. In the case of Port Hills properties, this has been done because the property is dangerous for geotechnical reasons - for example, at risk from falling rocks or a landslip.
What is a Section 124 prohibited access notice and what does it mean for the owner of a home that has one?
A prohibited access notice may be issued under Section 124 of the Building Act to a dangerous property, primarily to ensure public safety. In the case of Port Hills properties, this has been done because the property is dangerous due to hazards in the area such as potential rock falls or unstable land that threaten the property itself or the safety of its access routes.
Why does my home have a Section 124 prohibited access notice but my neighbour’s doesn’t?
Although the hazards to be found in a general area may be similar, it is possible for one property to be dangerous while the neighbouring property has been assessed as safe to access.
My home appears undamaged, why is there a Section 124 notice that prohibits unauthorised access to my property?
In the case of Port Hills properties, a prohibited access notice has been issued under Section 124 of the Building Act because of hazards other than the damage to buildings or land on the property itself, such as potential slips and rock falls that threaten buildings or people’s safe access to them.
When will the Section 124 prohibited access notice on my home be removed?
The main purpose of a prohibited access notice is to protect public safety and one can only be lifted once known hazards have been removed or made safe. The lifting of a prohibited access notice does not mean that buildings can be accessed freely or reoccupied. Property owners/residents will be informed on a case-by-case basis in case new or revised access conditions apply.
Why am I not allowed to access my own property if I am prepared to take the risk?
It would be irresponsible for the Council to allow access to a property where there is an unacceptable level of risk. When an individual enters a dangerous building, they are not just putting themselves at risk, but others such as emergency services or a rescue team if an emergency occurs.
I have seen other people coming and going from their homes in my neighbourhood. Is this allowed?
In general, people are free to go on to the land around their buildings. The Section124 prohibited access notices only apply to buildings. There is a significant difference between occupying a house permanently and sleeping in a potentially hazardous area, and being on the property for a short period of time, outside where you can view the hazard. If you are intending to go onto the property to mow lawns, it is suggested that you take a second person to keep an eye on potential hazards.the buildings to prevent them from being occupied. People are free to go on to their land to feed stock, mow lawns or tend gardens.
People may be authorised to enter buildings on their properties under certain circumstances for a short period (less time means less risk). Please contact us to find out more about this.
What happens if someone accesses their home or other buildings without authorisation?
It is important to remember that Section 124 prohibited access notices are primarily to ensure people’s safety, but they are also legally enforceable. Council will carry out enforcement where it is necessary.
I have heard that some people are occupying their homes and have refused to leave. What will happen to them?
A prohibited access notice has been issued concerning their property because it is not safe for them to be there. That notice is legally enforceable. Council will take reasonable steps to ensure they leave, for their own safety and the safety of others who would need to rescue them if an emergency occurs.
Why is it important for people to seek authorisation before accessing a home property that has a dangerous building notice?
It may not be safe. It is the responsibility of the Council to ensure public safety by preventing people from putting themselves and others at risk. If access is agreed at a specified time and there is another significant aftershock for example, then information on which properties to check as a priority could be passed to emergency services or rescue crews. Council also specifies certain conditions for access – such as having another person on safety watch and ensuring that access routes are clear. Both measures are help reduce the risks associated with being in buildings.
Why is access to some properties prohibited without exception?
Some properties, for example those close to unsafe bluffs or unstable rocks, have been assessed as unsafe so that access for even a short period would expose people to an unacceptable risk. If a significant earthquake were to occur, there would be no time for escape from these high-risk locations.
I need to get onto my property (outside of my home) for essential maintenance and repairs. Can I do that?
In general, people are free to go on to the land around their buildings. The Section124 prohibited access notices only apply to the buildings to prevent them from being occupied. People are free to go on to land to feed stock, mow lawns or tend gardens. Some land is not safe to go on to – where cliff collapse potential exists for example. In such cases it will be specified on the Section 124 prohibited access notice.
I need to retrieve some items from my home. If it is possible, how do I get authorised access?
Under certain circumstance you can, but you need to make an official request to the Council and can only gain access at an agreed time. The temporary access application form can be found at www.ccc.govt.nz/porthillsgeotech
I want to arrange for a contractor to work on my home. Can I do this and if so, how?
You need to make an official request to the Council, stating who would be accessing the property and the indicative period of time that would be needed. The temporary access application form can be found at www.ccc.govt.nz/porthillsgeotech
What is being done to ensure my home and its contents are secure while I am not allowed to live there?
There are regular police patrols of areas which have road access. If you have any particular concerns about the security of your property, please contact the police directly. Some people have arranged access so they can set up lights on timers. Others leave a car and move this from time to time.
I have seen contractors working around rock faces on the Port Hills, what are they doing?
Most of the work around rock faces is either to assess whether they pose further risk, or to carry out stabilisation work to make them safer - typically, this might involve the removal of unstable material such as rocks or soil, fencing off unsafe areas or the strategic placement of containers.
Why are some rock faces being stabilised and not others?
Stabilisation is being carried out according to priority, depending firstly on whether stabilisation is feasible, then on the potential consequences of a rock fall. Areas that threaten key access (lifeline) routes are high priority for example.
I have seen new fencing being put up on parts of the Port Hills. What is it for and is it permanent?
Fencing is primarily to prevent people entering hazardous areas, for example: areas close to unstable cliffs or rocks. Whether fencing is to be removed at a later date would depend on an assessment of ongoing risks in those areas. Some fencing has also been installed to protect key access roads.
Who is paying for rock face stabilisation work?
Most repairs will be funded in the first instance by the Council. Some costs may be recovered later through the Council’s insurance, Civil Defence, New Zealand Transport Agency or the EQC, but the most important thing for now is to make progress on repairs by priority.
Who is paying for road, stormwater and sewerage repairs?
Most repairs will be funded in the first instance by the Council’s insurance policies. The cost of repairs relating to state highways will generally be covered by the New Zealand Transport Agency .
Do I need to pay my rates when I can’t even access my home or neighbourhood?
Yes, you should pay your rates when they are due, unless we have written to you specifically to tell you otherwise. However you may be eligible for rates relief if you are unable to occupy your home. You can find out more by visiting http://www.ccc.govt.nz or calling customer services on (03) 941 8999 .
Why have some roads around my homes been closed or have restricted access?
Some roads have been closed because they are too damaged to use safely, or because their use would expose people to avoidable hazards such as slips or rock falls. In some cases, road closures are to enable contractors to safely roll or dislodge rocks to make areas safer. Lifeline routes have been, or are being, repaired as a matter of priority to ensure people can get to and from their homes safely.
What is a ‘lifeline’?
Lifeline usually refers to critical infrastructure such as certain roads, telecommunications lines and water and sewer services. These lines must be preserved as they benefit so many people across the city. In the case of emergency these lines are absolutely critical.
Which roads are being given priority for repair and why?
Main access roads and lifeline routes are being repaired as a matter of priority so that people can get to and from their homes safely and emergency services have clear access routes.
When are roads going to reopen?
Roads are being repaired according to priority, with main routes and lifeline routes to maintain access to and from peoples homes getting top priority. Some roads , for example Sumner Road/Evans Pass Road, have been extensively damaged or still carry a high risk of rock falls and will remain closed for the foreseeable future.
Why are walking or bike tracks, and parks still closed when they have been cleared?
Some walking or biking tracks, though the track surface is clear, still require repair work to make them safe. In some recreational areas, there is still an unacceptable risk from other hazards such as rock falls or slips above the tracks. Other areas have yet to be assessed and remain closed as a precaution.
Please do not enter an area where signage says it is unsafe to do so, even if you see other people there, contractors may be rolling or dislodging rocks to make these tracks safer. For updates please go to www.ccc.govt.nz/trackstatus or http://www.ccc.govt.nz/cityleisure/parkswalkways/popularparks/theporthills/index.aspx
When are walking or bike tracks and parks that are closed going to re-open?
They will re-open as soon they have been assessed as safe. In most cases, that will be after essential repairs and stabilisation work has been carried out.
What advice is offered to recreational rock climbers?
There are currently no crags open for public use. Many popular climbing areas have suffered extensive damage and their future is uncertain. Assessment is currently underway on several crags to see if they can be made safe, for example Cattle-stop Crag and Gypsy Glen.
Roles and responsibilities of CERA, Council and EQC
All of Banks Peninsula was deemed white zone by CERA as land assessments in many parts of Banks Peninsula were still ongoing.
In cases where the land has been found to be in good condition, with no further action required, the land status has been changed by CERA from white to green on 5 September.
Where land has been assessed and found to have suffered some damage with further investigation required, the status will remain as white until the further investigation is complete.
Land in Banks Peninsula not fully assessed yet will remain white until the assessment is completed.It is important to remember that the land assessment that determines the zoning is not the same as the EQC's individual land assessments. These only cover insurable land within property boundaries and form part of EQC's claim settlement process.
There may be geotechnical hazards beyond the property boundary which may have a potential impact on the buildings within the property boundary. In the most dangerous cases, identified by the Port Hills Geotech Group engineers, the Council has placed a s124 notice on properties to prevent residential activity.
Who should I contact about geotech issues on my property?
Land that is owned by you is classed as private land and therefore any remediation work (e.g. removal / stabilisation of rocks, repair of cracks, clearing of landslide debris) required on your land may have to be funded by you. In the first instance you should contact EQC and / or your insurance company.
Does my insurer need to know that I have moved out of my house?
Residents who are not living in their homes should let their private insurers know as this may change the coverage of their house contents policies
