MDC Designation of Area for Building Emergency Management

Public Notice: Termination of Designated Area for Building Emergency Management

Issued by: Marlborough District Council

Date of Notice: 20 August 2025

In accordance with Section 133BE of the Building Act 2004, Marlborough District Council hereby gives public notice of the termination of the designated area for building emergency management established following the August 2022 storm event.

Marlborough District Council acknowledges the significant impact this emergency had on our communities. We thank residents, property owners, and emergency responders for their cooperation and resilience throughout the recovery process.

Description of the Relevant Emergency

On 19 August 2022, a local State of Emergency was declared for Marlborough due to a severe weather event that caused extensive land damage, flooding, and slips.

On 20 August 2022, Marlborough District Council designated the affected area under the Building Act 2004 to manage risks to people from buildings and surrounding land damaged in the emergency.

Since then, affected buildings in Marlborough have been managed under Subpart 6B of the Building Act 2004. The Act requires that this designation is reviewed every 90 days and consideration be given to following matters (amongst other things) as required by section 133BD of the Building Act 2004:

(a) the scale and degree of the impact of the emergency and of its effects on buildings in the relevant area.

(b) the likelihood of a further emergency or any other relevant event occurring that could cause —

(i) buildings in the relevant area to pose increased or additional risks; or

(ii) land in the relevant area to pose a risk to a building:

(c) the principle that it is preferable that risks be managed, if possible, without the exercise or continued exercise of powers under this subpart.

Following this review, Marlborough District Council in its statutory role has determined that the designation is no longer in the public interest and has decided to terminate the designation for all areas in Marlborough region accordance with Section 133BI of the Building Act 2004.

Termination of Designation

On 4th August 2025, Marlborough District Council submitted a formal request to Ministry of Business, Innovation and Employment (MBIE) to facilitate the termination of designated area with Minister of Building and Construction.

The Minister for Building and Construction has now approved the termination of the designated area.
Date of Decision: 19 August 2025

This termination means that the special powers under the Building Act 2004 for managing buildings in the designated area are no longer in effect. From this point forward, all buildings will be managed under the standard provisions of the Building Act.

Frequently Asked Questions (FAQs)

Below are answers to common questions about what the termination of the designated area means for property owners and the community.

What does the termination of the designated area mean?

Council no longer has special emergency powers for buildings affected by emergency under Subpart 6B of the Building Act to manage affected buildings in the area.

All buildings will now be managed under standard Building Act provisions. This means:

• No placards (stickers) will be placed, updated, or maintained on buildings in these areas.
• Council will use business-as-usual processes to manage building safety.

What happens to damaged buildings that have placards (e.g., red, yellow, or white)?

Placards placed during the emergency response lose their legal force with the termination of the designated area. However:

• Buildings that remain unsafe may be managed using Section 124 provisions of the Building Act as dangerous, affected or insanitary buildings (if they meet the required threshold).
• Council will assess and transition any necessary controls accordingly.
• Property owners will be contacted if further action is required.
• For properties that do not meet the threshold of dangerous, affected or insanitary buildings, the owners remain responsible for managing risks on their land and buildings.

How will Council manage buildings after the designation ends?

Council will:

• Use powers under Subpart 6 to assess and manage buildings that remain unsafe.
• Issue notices under Section 124 for dangerous, affected or insanitary buildings where necessary.
• Continue to work with owners to ensure buildings are safe for occupation.

Will placards be replaced with formal Section 124 notices?

Yes. If a building still poses a risk to life safety, health, or adjacent property, and meets the threshold under the Building Act 2004, Marlborough District Council may issue a formal notice under Section 124 of the Act to replace the placard.

• These notices have legal standing and must be complied with.
• Property owners must follow the directions outlined in the notice and any accompanying communication from Council.
• The notice will specify the nature of the risk, any restrictions on use or access, and the actions required to address the issue.

If you receive a notice and are unsure what it means or what to do next, please contact the Building Control team for guidance.

What happens if I ignore a Section 124 notice?

Failure to comply with a notice may result in enforcement action, including fines and/or prosecution. Council may also carry out work to remove the danger and recover costs from the owner.

Can I now access my previously placarded (stickered) property that does not meet the section 124 threshold?

Yes, but even if your building is not formally classified as dangerous, affected, or insanitary, you are still responsible for managing any residual hazards on your property.

• Consider engaging qualified professionals to seek professional assessments for any remaining hazards and any remediation works required to your building.
• Check with Council if any proposed remediation requires a building consent and/or resource consent before undertaking any works.
• Owners must ensure buildings are safe before reoccupation.
• If you're unsure whether your property has a placard or s124 notice, please contact the Building Control team for advice and support.

Damaged buildings that meet the threshold of a Dangerous, Affected, or Insanitary building under the Building Act 2004, will receive a notice from Council. Please refer to any conditions of the notice regarding access restrictions. Unauthorized entry remains an offence under the Building Act.

Will I be notified if my building is considered dangerous or insanitary?

Yes. Council will contact affected property owners directly and may issue formal notices requiring action. These notices may outline the risks and steps required to make the building safe.

Can I repair my building without a building consent?

• In most cases, a Building Consent will be required before you can carry out repairs, especially if the work involves structural elements, weathertightness, or sanitary systems.
• Some minor repairs may be exempt under Schedule 1 of the Building Act 2004, but this depends on the nature and scope of the work.
• You should contact Council before starting any repair work to check whether a building consent is required.
• Undertaking building work without the necessary consent may result in enforcement action or the need to remove or redo the work.

Will the list of previously placarded buildings be published?

No. To protect privacy and prevent vandalism or theft, Council will not publish a list of previously placarded buildings.

What if I disagree with Council’s decisions about my building?

You may apply for a determination through MBIE if you disagree with decisions made under the Building Act. However, decisions related to the designation itself are not subject to determination.

Where can I get more information or help?

Visit www.marlborough.govt.nz or contact the Council’s Building Control team at buildingrecovery@marlborough.govt.nz or 03 520 7400.

Description of the Designated Area:

The designated area included properties and land affected by the severe weather event in August 2022, primarily in the following locations. This list is not exhaustive but highlights the most significantly affected locations.