Empowered Christchurch Inc.
Christchurch, 10 August 2016

Dear David

Here is an interim list of houses that we believe have been built below the minimum 11.8 m above the city datum pursuant to the Building Act, or where Council has granted existing use rights to insurers to build below the minimum floor levels. All these addresses and more will be readily available to you at Council. These examples are mainly from the area close to South Brighton, so in all likelihood, there are many more in other suburbs. In several cases, the owners questioned the wisdom of allowing building at the consented height, yet Council allowed the rebuilds to proceed nonetheless. In further cases, properties have not been included, but the homeowners suspect that they are lower than the Building Act height. The Christchurch City Council has an obligation to protect people and property so urgent action is needed.

1) …………………, South New Brighton
2) …………………, South New Brighton
3) …………………., South New Brighton
4) …………………., South New Brighton
5) …………………., Bexley
6) …………………., Bexley
7) …………………., South New Brighton
8) …………………., South New Brighton
9) …………………., South New Brighton
10) …………………., Avondale
11) …………………., Aranui
12) …………………., Aranui
13) …………………., Aranui
14) …………………., Aranui
15) …………………., Aranui
16) …………………., Aranui
17) …………………., Aranui
18) …………………., Aranui
19) …………………., Aranui
20) …………………., Aranui
21) …………………., Aranui
22) …………………., South New Brighton
23) …………………., South New Brighton

Consent has been given for the following properties to be built at 11.8 m above the datum, despite the fact that they are in a tidally influenced area.
24) …………………., South New Brighton
25) …………………., South New Brighton
26) …………………., South New Brighton

Some of the properties mentioned above are close to Pages Road, where the CCC Waterways, Wetland and Drainage Guide cites as having had the city's highest recorded tide level of RL 10.95 in 1992.

We have also been waiting since 6 April 2016 for the requested legal opinion on existing use rights from Council lawyer, Brent Pizzey. Among other things, this should cover their application to allow building below the Building Act floor levels, a definition of the terms "existing", "use" and "rights", the issue of EURs without documentation, evidence or EUR certificates, and whether the rights take precedence over requirements pursuant to the Building Act and the Resource Management Act.

Regards
Hugo Kristinsson
Chair Empowered Christchurch

Séamus O’Cromtha
Secretary Empowered Christchurch

About Empowered Christchurch Incorporated:
Empowered Christchurch is an apolitical community group set up to support Canterbury earthquake insurance claimants, engage on their behalf with the relevant authorities and entities, and help them achieve fair and just settlements.
www.empoweredchristchurch.co.nz

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