In the wake of the Canterbury earthquakes, one of the biggest threats to our heritage buildings is the risk of earthquakes and the associated drive to strengthen or demolish buildings. Can Small Town NZ balance the requirements of the EQPB legislation and economic realities of their places? The government’s priority is on safety of building occupants and citizens in the streets. However, maintaining and strengthening privately-owned heritage buildings is often cost prohibitive. Hence, heritage regulation has frequently been perceived as interfering with private property rights, especially when heritage buildings occupy a special place in the community becoming an important place for people (i.e. public benefits are larger than private). We investigate several case studies where building owners have been given green light to demolish heritage listed buildings to make way for modern developments. In two of the case studies developers provided evidence of unaffordable strengthening costs. A new trend that has emerged is a voluntary offer of contributing to an incentive fund to assist with heritage preservation of other buildings. This is a unique example where private owners offer incentives (via council controlled organisations) instead of it being purely the domain of the central or local governments.
This paper presents the preliminary conclusions of the first stage of Wellington Case Study project (Regulating For Resilience in an Earthquake Vulnerable City) being undertaken by the Disaster Law Research Group at the University of Canterbury Law School. This research aims to map the current regulatory environment around improving the seismic resilience of the urban built environment. This work provides the basis for the second stage of the project which will map the regulatory tools onto the reality of the current building stock in Wellington. Using a socio-legal methodology, the current research examines the regulatory framework around seismic resilience for existing buildings in New Zealand, with a particularly focus on multi-storey in the Wellington CBD. The work focusses both on the operation and impact of the formal seismic regulatory tools open to public regulators (under the amended Building Act) as other non-seismic regulatory tools. As well as examining the formal regulatory frame, the work also provides an assessment of the interactions between other non-building acts (such as Health and Safety at Work Act 2015) on the requirements of seismic resilience. Other soft-law developments (particularly around informal building standards) are also examined. The final output of this work will presents this regulatory map in a clear and easily accessible manner and provide an assessment of the suitability of this at times confusing and patchy legal environment as Wellington moves towards becoming a resilient city. The final conclusion of this work will be used to specifically examine the ability of Wellington to make this transition under the current regulatory environment as phase two of the Wellington Case Study project.
