No generic court orders for compulsory seismic work
No generic court orders for compulsory seismic work
Thursday 18 March, 2021
The District Court has sent a clear message that it will not give councils free rein to carry out unspecified seismic work on privately-owned earthquake-prone buildings (EPBs). The court can make orders empowering councils to carry out seismic works on EPBs at the owner’s cost where the owner has not completed seismic work required by an EPB notice.
The Adelaide Hotel in Wellington was first identified as earthquake-prone in 1999 and in 2006 the council issued the first notice requiring earthquake strengthening work. In the fourteen years that followed the owners undertook no strengthening work. The council applied for an order for compulsory seismic work and provided no detail of the proposed work.
The District Court noted that the purpose of an order for compulsory seismic work is to advance public safety. It also noted that legislation is to be interpreted consistently with non-interference with property rights. The court considered that it must exercise its discretion in making an order for compulsory seismic work in a way which limits interference with property rights. For that reason, the council must show not only that it is reasonable for it to step in, but that the proposed work is also reasonable.
The court refused to make an order in general terms. It gave the council the opportunity to come back and specify the nature of the seismic work proposed. Wellington City Council has appealed to the High Court.
This case is a reminder that local authorities carrying out work on private property under a range of compulsory powers should be able to demonstrate not only that it is reasonable for them to use their powers but also that the particular work proposed is reasonable. This applies regardless of whether court approval is required before the work commences.
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