Cyclone Gabrielle - Housing Assessments & Cleaning

Support and assistance may be available through Ministry of Social Developments Civil Defence payments, please contact them on: 0800 400 100.

Information about the different stickers and what they mean is available here: North Island severe weather events 2023 | Building Performance

The Building Act sets out a number of offences and penalties for non-compliance when the Building Act powers are in place. The responsible person who has been designated for building emergency management has the powers to make decisions about non-compliance.

The powers for offences and penalties are in sections 133BR to 133BU, and 133BW and 133BX of the Building Act. The penalties include the ability for fines of between $5,000 and $200,000 to be imposed if a person intentionally fails to comply with the relevant provisions of the Building Act.

The responsible person will consider the appropriate compliance approach. 

Additional MBIE messages 

MBIE has activated the National Building Response Management Plan to support the response to the emergency in the Auckland Region and in preparation for Cyclone Gabrielle.

The Building Management Response Team will continue to monitor activities in the designated area and consider further support for Central Hawkes Bay District. Central Hawkes Bay District Council are still assessing the damage in their region.

The New Zealand Claims Resolution Service will provide expert support to homeowners with insurance claims after natural disasters to avoid disputes, resolve issues and ensure claims are settled as quickly as possible. Homeowners who have concerns about their claim or are unsure about the process can contact NZCRS on:

0508 624 327

email contact@nzcrs.govt.nz or visit www.nzcrs.govt.nz.

DK Legal

Phone 06 876 3553 or email emma@dklegal.co.nz or nicola@dklegal.co.nz

Key messages on the designation  

On 20 February 2023, Central Hawke's Bay District Council notified the Ministry of Business, Innovation and Employment of their decision to designate Central Hawke's Bay District, under the Building Act 2004, to manage buildings that have been affected by flooding and land instability.

The decision to designate the area of the Central Hawke's Bay District will allow Central Hawke's Bay District Council to manage any on-going risks to people from buildings as a result of the event.

What is a designated area?

A designated area is an area approved by the relevant decision maker to allow a local authority to take specific actions under the Building Act to manage buildings in an emergency. The decision to designate this area was made by the Local CDEM Controller of Central Hawke's Bay District on 20 February 2023.

The designated area extends across the entire Central Hawke's Bay District. The area designated will be reviewed once Rapid Building Assessments are completed. 

This designation will be reviewed every 90 days by Central Hawke's Bay District Council to confirm that the powers conferred by the designation are required to manage the response and recovery.  

The designation may remain in place until 17 February 2026, unless terminated earlier.

What will happen next?

Once a designated area is in place, the Building Act provides a number of special powers that may be exercised in respect of all buildings within the designated area.

The powers that can be used within a designated area provide a responsible person with authority to (among other things):

• Enter buildings.
• Complete post-event assessments.
• Direct the evacuation of buildings.
• Put in place measures for protecting buildings and keeping people at a safe distance.
• Place notices and signs on buildings.
• Direct the owners of building or land to provide information.
• Direct works (urgent and non-urgent) to remove or reduce risks.

Direct works for long term use or occupation of a building.

How long will it be a designated area?

Until all buildings within the area are deemed safe, Central Hawke's Bay District Council will review the designation at least every 90 days and notify the public of the outcome of this review.

A designation of an area can be in force for up to three years and can be subsequently extended one time for a further three years, during which certain powers may be exercised.