Under the Building Act 2004, local authorities are required to issue building consent for construction on land subject to natural hazards, provided the work will not accelerate, worsen, or cause a hazard on the site. When consent is granted under these conditions, the council will issue a Section Notice, which is recorded on the property title.
A Section Notice serves to alert anyone with an interest in the property, such as potential buyers, banks, insurers, or lenders of the natural hazard risk.
If a claim is later made for damage caused by the same type of hazard listed in the Section Notice, the Natural Hazards Commission (NHC) may fully or partially decline the claim.
This could also affect the "above cap" portion of cover (i.e. costs exceeding the NHC’s $300,000 limit), as many private insurers will only pay their share once the NHC accepts its portion of the claim.