19/08/2025
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WHAT DOES COUNCIL DO? #1
A series exploring the many functions of council and where improvements can be made.
BUILDING CONSENTS
Council is responsible for issuing building consents and carrying out building inspections. This is a specialist role, covered by the Building Act, and sort of independent from the rest of the council functions. Sort of, because buildings also require resource consents, water service connections, and road access.
All work is charged to the property owner, so there is no impact on ratepayers.
Except when things go wrong. Then the impact on ratepayers can be huge. The leaky building crisis cost councils billions, and ratepayers footed the bill. This is because of an extremely unfair rule in construction law known as Joint And Several Liability. Without boring you on the detail, the effect was that the council was “the last man standing” in court cases, as the other parties at fault would wind up their companies.
Yesterday afternoon, the government announced its intention to get rid of this rule, replacing it with proportional liability. Great news for councils, and something I have pushed for with the New Zealand Institute of Architects.
This gives councils a big opportunity to alter the way they handle consents. For the past decade, councils have become increasingly difficult to work with, risk averse, obstinate, confrontational, painfully slow, and unreasonably expensive. This can be turned around, but the fact is, council staff are unlikely to change unless pushed, and council management doesn’t understand the need to change.
Architects, engineers, developers, builders, tradies, and clients all need to work together to make sure councils take this opportunity. It will help if there are some councillors who understand it. The result will be better buildings at a lower cost, with more time spent on building and less on paperwork.