Update on ICW's complaint to The Ombudsman

Complaint to the Ombudsman

The complaint was finally submitted on 9 September 2023, nearly a year after we started drafting in earnest, and 4.5 years after we first considered it.  The complaint is supported by 75 apartment owners in eight representatives of Body Corporates across 17 earthquake-prone buildings. With an additional 21 individuals and two other Body Corporate representatives in non-earthquake-prone buildings. Now it's a matter of waiting to hear from the Ombudsman's office.

We are considering options for how we communicate the submission of the complaint before circulating the final documents.  There weren't any substantive changes to the draft documents  as we finalised the documents following proof-reading and final read through.

MBIE's framework for incorporating new knowledge into the Earthquake-prone Building System (EBS).

In May, ICW was invited to provide feedback on a draft framework that MBIE would use to consider potential changes to the EBS in future as new knowledge comes to light. The framework establishes the objectives of the EBS (p5) and the criteria (p6) that would be used to consider the value of changing the EBS settings against the need to provide certainty and consistency for building owners (based on parar 1, p1). This framework is now available on MBIE's under the title 'Managing the earthquake-prone building system', but is not readily findable from the EBS webpage.

ICW supports the objectives and our response asked that these objectives be used to assess the current EBS. In our view, the current EBS and how it's implemented, would rate poorly against the objectives. This was not reflected in the final document or discussed.  We did not support the 'certainty' criteria 'building owners can plan for mandated remediation under the earthquake-prone building system with confidence'.  We do not agree that the uncertainty of future mandated remediation, at unknown costs and risks, provides any certainty. 

It will be interesting to see how the framework is used.  For example, whether the Yellow Chapter will be included into the prescribed methodology for assessment of existing buildings. Also, whether or how any changes to the design guidelines for new buildings (driven by the review of the National Seismic Hazard Model) will impact on the 'new building standard' (as at 1 July 2017) used to assess whether buildings are earthquake-prone.

• Geraldine Murphy. ICW Spokesperson on Seismic Matters