Compliance/Monitoring

Our Compliance and Monitoring team helps to ensure the protection and enhancement of North Shore City’s natural and built environments. We achieve this through education, monitoring and enforcement of resource consent conditions, and compliance with the District Plan, Resource Management Act (RMA) , Building Act and other relevant statutes. The team is part of Environmental Services and can be contacted through Actionline on 486 8600.

Compliance

We investigate and resolve issues arising from non-compliance with and breaches of the Building Act 1991 and Building Regulations 1992, Resource Management Act 1991 and other relevant statutes.

Building functions:

  • Investigation of non-compliance with section 35(1)(a) of the Building Act where a resource consent is required before building work commences.>
  • Investigation of dangerous and insanitary buildings including the serving of dangerous/insanitary building notices.
  • Investigation of earthquake prone buildings including the serving of building notices.
  • Serving/enforcing of Notices to Rectify where building works fail to comply with the building code or are carried without or contrary to a building consent.
  • Investigation and initiation of legal proceeding for offences under Section 80 of the Building Act 1991.

Resource management functions:

  • Ensuring compliance with the District Plan rules for all zones of the city (excluding noise and odour rules). Typical issues may include:
  • - Site works exceeding permitted areas
    - s35(1)(a) certificates (non-compliance)
    - Yard infringements
    - Over height retaining walls
    - Non-complying home occupations
    - Damage and/or removal of protected trees
    - Silt control.

  • Enforcement by the serving of Abatement Notices, Environmental Infringement Notices, obtaining Enforcement Orders and taking Prosecutions for offences under the Resource Management Act.

Compliance and Monitoring

We are responsible for monitoring granted resource (land use) consents and ensuring that all conditions relating to the resource consent are complied with throughout the development. These conditions may include silt/sediment control, tree protection, bond payment and release, financial contributions, surveyors' certificates and landscaping requirements. In addition to monitoring the conditions of a resource consent, we also look out for any pollution issues that may arise on a monitored site (eg. concrete washings/paint washings into the stormwater system).

Should a development not comply with the conditions of a resource consent we take enforcement action which may include the issuing of Environmental Infringement Notices, Abatement Notices and/or Prosecution.

Erosion and Sediment Control on Construction Sites

Sediment is the single most significant contaminant of our streams, lakes and coastal waters. The cumulative effect of sediment discharge from Auckland’s many individual building and earthworks sites has major detrimental effects on waterways, degrading their ecology and reducing recreational and economic value (Source: Auckland Regional Council, 2000).

All developers have a responsibility to ensure their development complies with the Resource Management Act and the District Plan.

a) All site works and subdivision shall be undertaken with the application and maintenance of recognised methods and techniques for the retention of sediment on site and the prevention of discharges of sediment off-site or into stormwater systems.

b) All site works and subdivision shall be undertaken with the application of runoff control measures isolating the site works and related activities from the surrounding land and preventing flows of stormwater into, across or escaping the area being worked.

c) Vehicle movements to and from the site or location where site works and subdivision activities are being undertaken shall not result in any material being deposited on a public road creating a hazard or a nuisance to road users.

(Click here to view the complete subdivision and development section of our District Plan). Developers should install silt control measures on site in accordance with the Auckland Regional Council Technical Publication No. 90 (ARC TP90). ARC TP90 provides guidelines on the installation of silt/sediment control measures including silt fences, earth bunds, decant systems, and entranceway stabilisation etc. Common causes of silt/sediment discharge include incorrectly installed or poorly maintained silt control measures.