Determining access
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In 2019, a dispute arose over the design plan for a new building, presented to the local consent authority for approval. The proposed building was an art centre, open to the public, including two levels of interior space and a landscaped roof garden, all serviced by a lift. Situated above the roof garden was a small viewing platform, also open to the public, with stairs leading up to it.
The dispute arose over the lack of lift access to the viewing platform. The party applying for consent outlined various reasons why lift access was not needed to this small space. Meanwhile, the local consent authority insisted that access for people who could not use the stairs must be provided for the project to comply with the New Zealand building code. The two parties disagreed because they interpreted New Zealand building legislation differently.
The New Zealand Ministry of Building Innovation and Employment (MBIE), responsible for determining the outcome of building work disagreements, was called in to make a ruling. They considered both sides of the case and decided lift access to the viewing platform was indeed necessary to comply with the building code.
If you are planning a new built environment project and are unsure about the accessibility requirements, a good rule of thumb is that if some people can use a space while undertaking normal activities and processes, then all people should have access to that space regardless of age, size, or disability. Approaching a project with this in mind could spare you costly delays during the consent process while having the added benefit of ensuring that no one is left at the
You can find the details of this MBIE determination here:
https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2019/2019-041.pdf
