Dams, their safety and building consents
A dam's safety is dependent on its design, construction and how it's, operated and maintained. If you own a dam, pond or canal in Otago, Southland or the West Coast, or are planning to construct, modify or remove these structures or a structure associated with a dam in one of these regions you must follow the processes described on this page.
Downloadable documents on this site are subject to change from time to time so if you print a hard copy please check that it's up to date.
On this page
Legal definition of a dam
View a detailed definition of a dam
Otago Regional Council policy on dangerous dams
The Building Act 2004 introduced legislation for managing the safety of existing and new dams in New Zealand. Under this Act, regional councils must have a policy on how they will deal with dangerous dams, earthquake-prone dams and flood-prone dams in their region, and how the policy will apply to heritage dams.
How to get a copy of the Policy on dangerous dams, earthquake-prone dams and flood-prone dams
Copies of this policy are available from Otago Regional Council offices in Dunedin, Queenstown and Alexandra, or by phoning the Otago Regional Council, (03) 474 0827, or toll-free 0800 474 082.
You can email the Council at dams@orc.govt.nz to request a copy or download a copy below.
Download
Policy on dangerous, earthquake-prone and flood-prone dams
Who is responsible for safe dams?
Dam owners are responsible for ensuring their dams are constructed, maintained and operated safely and that they comply fully with the building code (Building Regulations 1992). The Building Act 2004 describes these responsibilities which apply to dams irrespective of their size and also to their appurtenant structures. Appurtenant structure means a structure that's integral to the proper functioning of the dam.
More information on appurtenant structures
Check with the Otago Regional Council (ORC) if you're uncertain whether something is an appurtenant structure.
Under the Building Act, ORC can instruct the owner of a dam in Otago to reduce or remove danger associated with their dam, or ORC can do the work itself and recover costs from the dam owner.
View more information on dams and to read the definition of a dangerous dam as specified by the Department of Building and Housing.
View ORC's Policy on dangerous, earthquake-prone and flood-prone dams
The Policy applies only to dams in Otago and will come into force three months after the government regulations come into force. The timing of the regulations depends on the outcome of the government's current review of the Building Act.
Environment Southland's policy on dangerous dams in Southland.
West Coast Regional Council's policy on dangerous dams on the West Coast.
Guidance on the safe operation of dams, as published by the New Zealand Society on Large Dams.
Who do I see about dams in Southland and on the West Coast?
From 1 July 2008, Otago Regional Council (ORC) has been responsible for building control for dams and their associated structures in the West Coast and Southland regions, along with certain dam safety management functions.
The West Coast Regional Council (WCRC) and Environment Southland (ES) retain some functions in their regions, such as the issuing of Project Information Memoranda (PIMs) for dams and maintaining a register of dams. They are also responsible for resource consents for dams in their region.
If you want a Building Consent, Code Compliance Certificate or Certificate of Acceptance then you must apply to the ORC. Prior to 1 July 2008, these were handled by the district and city councils in Southland and the West Coast.
In accordance with the Building Act, the district and city councils continue to issue PIMs for dams, in addition to the PIMs issued by the West Coast Regional Council (WCRC) and Environment Southland (ES).
How do I register my dam?
The Otago Regional Council is required under the Building Act to maintain a register of dams in Otago. The register enables Council to contact dam owners when they need to, to discuss the regulations and provide guidance l on dam safety. There is no cost for the dam registration service.
If you own a dam in Otago you should check with ORC whether your dam should be on our register. Phone 03 474-0827 or freephone 0800 474-082 or email dams@orc.govt.nz
If you own a dam in Southland or the West Coast you should check with Environment Southland or the West Coast Regional Council whether your dam is on their respective registers.
Managing dam safety
Owners of "large dams" (as determined under the Act) in Otago, Southland and West Coast are required to prepare a Potential Impact Classification (PIC) for their dam and to have their PIC audited by a Recognised Engineer (as defined under the Act). The PIC must be shown on a Dam Classification Certificate signed by a Recognised Engineer.
Find a recognised engineer on the IPENZ website.
The PIC and the signed certificate must be submitted to the ORC between 1 July 2012 and 30 September 2012.
Further details are contained in the Department of Building and Housing Dam Safety Scheme Guide for regional authorities and owners of large dams(PDF 887Kb).
The government is reviewing the Dam Safety Scheme. Details of the review can be found on the Department of Building and Housing website.
All building work must comply with the Building Code
Under the Building Act, all building work on dams must comply with the Building Code (Building Regulations 1992), irrespective of the size of the dam. This applies to the construction of new dams as well as the modification of existing dams even if they do not need building consent or resource consent. It also applies to a dam's appurtenant structures (see above). View a copy of the Building Code.
Does dam construction need a Building Consent?
In addition to complying with the Building Code, most types of dam construction work in Otago, Southland and the West Coast also requires a Building Consent from ORC. These requirements apply to construction of new dams as well as modification of existing dams.
A Building Consent is also required for a dam's appurtenant structures. Dams retaining 3m or more depth of water or other fluid and holding 20,000 or more cubic metres require Building Consent. Dams that do not meet these depth and storage amounts do not require Building Consent, but must still comply with the Building Code. Building Consent may not be required for certain maintenance or refurbishment work.
More information on how depth and volume are measured.
You should check with ORC if you're uncertain whether a Building Consent is needed by phoning 03 474-0827 or freephone 0800 474-082 or emailing dams@orc.govt.nz
More information on Building Consents for dams in Otago, Southland and the West Coast.
Do I need a Resource Consent for my dam?
A Resource Consent may also be required from ORC (for dams in Otago), or from Environment Southland (dams in Southland), or the West Coast Regional Council (dams on the West Coast) and from the district or city council, irrespective of whether a Building Consent is required. You should check with your Regional Council and your district or city council.
How to apply for a Project Information Memorandum
For building work in Otago, you have the option of obtaining a Project Information Memorandum (PIM) from ORC. For building work in Southland or the West Coast you obtain it from the Regional Council in these areas. You can also obtain a PIM from the relevant district or city council.
The Regional and District Council PIMs contain information held by the two councils that may be relevant to your proposed building work such as information about natural hazards. You can apply for the two PIMs at any time - you don't have to wait until you apply for a Building Consent.
Although there is no legal requirement for you to obtain a PIM it is recommended you obtain the two PIMs first, review information provided, and consider this information into the design of your dam.
To apply for a Project Information Memorandum (PIM) from ORC (for building work in Otago), complete an application form and send it to:
Otago Regional Council
Private Bag 1954
Dunedin
Or deliver it to us at:
70 Stafford St
Dunedin
ORC Dunedin staff will initially check your application has the necessary information for processing. If the application is not complete, it will be returned to you. Once the application has all the necessary information ORC has 20 working days from receipt to compile your PIM.
You will be charged a fee for processing your application. Cheques should be made out to Otago Regional Council.
More information about fees and charges
Contacts for other councils providing a PIM
Environment Southland
Ph 03 211 5115
Email: service@es.govt.nz
West Coast Regional Council
Ph 0508 800 118
Email: info@wcrc.govt.nz
Central Otago District Council
Ph 03 440 0056
Email: info@codc.govt.nz
Queenstown Lakes District Council
Ph 03 441 0499
Email: service@qldc.govt.nz
Waitaki District Council
Ph 03 433 0300
Email: service@waitaki.govt.co.nz
Clutha District Council
Ph 0800 801 350
Web: www.cluthadc.govt.nz
Dunedin City Council
Ph 03 477 4000
Email: dcc@dcc.govt.nz
Gore District Council
Ph 03 209 0330
Email: info@goredc.govt.nz
Southland District Council
Ph 0800 732 732
Email: emailsdc@southlanddc.govt.nz
Invercargill City Council
Ph 03 211 1777
Email: service@icc.govt.nz
Buller District Council
Ph 0800 807 239
Email: info@bdc.govt.nz
Grey District Council
Ph 03 769 8603
Email: info@greydc.govt.nz
Westland District Council
Ph 03 756 9010
Email: council@westlanddc.govt.nz
How to apply for a Building Consent
Application form
To apply for a Building Consent for building work in Otago, Southland or the West Coast, you must complete an application form. The same form is used for Otago, Southland and West Coast.
Download a Building Consent application form
Deposit
Your application must be accompanied by a deposit toward the cost of processing your consent application.
More information about the deposit
All cheques should be made out to Otago Regional Council, even for building work in Southland and on the West Coast.
Project Information Memorandum
If you've already applied for and received a Project Information Memorandum (PIM) from ORC, ES or the WCRC and one from your district or city council, these should be attached to the application. Even though obtaining the two PIMs is voluntary, it's recommended you obtain the two PIMs, review the information provided with them and consider this information as part of your building design.
Information that must be included with your application
The application must be signed by the owner or the owner's appointed agent and be accompanied by the following information:
- Schedule of documents with the following information specified: document title, document date, document version number and originator.
- Two hard copies of a design report stating data obtained and employed, design/checking methods and assumptions made including:
- Potential Impact Classification (PIC)
- Loading parameters
- Flood and freeboard considerations
- Seismic considerations
- Geotechnical considerations
- Stability or structural considerations
- Reservoir hazard considerations
- Flow control considerations
- Appurtenant structures
- Conduits
- Evidence of compliance with each relevant clause of the building code (Building Regulations 1992).
- Two hard copies of Specification for Construction
- Two hard copies of Construction Inspection Schedule
- Two hard copies of drawings to construction standard including:
- Location and Site Plan
- General Arrangement
- Foundations Plan (including abutments)
- Typical cross-sections
- Long-section on dam centreline.
- Project Information Memorandum (issued by the territorial authority)
- Project Information Memorandum (issued by the regional authority)
- Development contribution notice
- Resource consent notice
- Certificate attached to Project Information Memorandum
Information in electronic form such as on a CD or attached as a PDF to an email will not be accepted. In accordance with Section 4(2) of the Building Act 2004, the plans (drawings) and specifications must be sufficient to result in building work that (if built to those plans and specifications) complies with the building code.
Send the completed form and supporting information and payment for the deposit to:
Otago Regional Council
Private Bag 1954
Dunedin
Or deliver it in person to:
Otago Regional Council
70 Stafford Street
Dunedin
Otago Regional Council
William Fraser Building
Dunorling Street
Alexandra
Otago Regional Council
'The Station'
Cnr Camp & Shotover Streets
Queenstown
Environment Southland
Cnr North Rd and Price St
Invercargill
West Coast Regional Council
388 Main South Rd
Greymouth
How will my Building Consent application be processed?
ORC Dunedin staff will initially check your application has the necessary information for processing. If the application is incomplete, is not in the correct form, or does not have the correct deposit, it will be returned to you.
ORC has 20 working days from the receipt of a correct and complete application to make a decision on it. This applies to all applications, including those for building work in Southland and the West Coast.
Information on receiving and accepting applications
How will the application be assessed?
ORC will engage an engineering consultant with expertise relevant to your proposed work to assess your application. The building work described in your application will be checked to see whether it complies with the Building Code.
More information on how your application is processed.
Should you need to provide further information during processing, your application will be suspended until that information is provided.
What fees are payable for my application?
You'll be charged a fee for processing your application, based on actual costs, including staff and consultant time. You must pay these costs even if your application is refused.
Fees will be deducted from the deposit you paid at the time you lodged the application. If the fees exceed the deposit, which is usually the case, then you will be invoiced for the outstanding balance.
If your Building Consent is to be granted, you will be issued with the Building Consent once you've paid all fees and levies. For building work greater than $20,000 value, you will also need to pay a levy which ORC collects on behalf of the Department of Building and Housing (DBH) and the Building Research Association of New Zealand (BRANZ).
More information about fees and levies.
For information on how DBH and BRANZ use the collected levies click here (DBH) and click here (BRANZ)
Can I start work before a building consent is granted?
No, you cannot. It is an offence under the Building Act to commence building work prior to the necessary building consent being granted, even if you think it is likely that the building consent will be granted. You may be required to demolish any building work that has been undertaken prior to consent being granted.
How much time do I have before I must start building?
You must start building work within 12 months of the date of issue of your consent otherwise it will lapse automatically, unless the ORC has already agreed in writing to an extension in time. An extension in time must be obtained from the ORC prior to the 12 month lapse period. An extension in time cannot be approved retrospectively and you will need to apply for a new consent.
How will the building work be inspected?
When the consent is issued the ORC will attach a list of required inspections. The consent will state how much notice the ORC needs ahead of each inspection. ORC will engage an engineering consultant with expertise relevant to your proposed work to carry out inspections during the work. However, the dam owner (consent holder) is still responsible for ensuring the job is done properly according to the conditions of the Building Consent, and complies with the work described in the Building Consent.
You will be charged for the cost of inspecting your work, based on actual costs including staff and consultant time.
More information about fees and charges.
More information on building inspections
What should I do if designs change during construction?
If the design of your dam is modified in any way during construction, you may need to have your consent amended by the ORC. Check with us before changing anything
How is building work certified after it is completed?
Once your building work has been completed, you must apply for a Code Compliance Certificate (CCC). If it is longer than 24 months since the building consent was granted and you have not applied for a CCC then the ORC must make a decision on whether to issue a CCC.
A CCC will only be issued if the building work has been undertaken in accordance with the building consent and all Building Consent conditions have been met and all fees and charges have been paid to ORC.
Download a CCC application form
More information on CCC's.
You will be charged a fee for processing your application.
More information about fees and charges.
Cheques should be made out to the Otago Regional Council, even for building work in Southland and on the West Coast.
Do I have to follow the building stages and conditions specified in the consent?
The consent will specify the stages of building work when work must stop and be inspected by ORC (e.g. placing compacted fill within the key-way trench, pouring concrete or placing reinforcing steel) before further building work can continue.
If you have not met all conditions, or not all required inspections have been undertaken by the ORC's engineering consultant, ORC can require removal or demolition or alteration of the building work, at the expense of the consent holder. In some cases, the ORC may not be able to issue a CCC.
If you are applying for a CCC in relation to a building consent granted and issued by a district or city council (i.e. a consent granted and issued before 13 May 2008 in Otago), or before 1 July 2008 in Southland or the West Coast, then you must contact ORC before applying for a CCC to discuss how your application will be handled.
Want to know more?
For more information phone the ORC environmental engineering staff on 03 474-0827 or freephone 0800 474-082
Email to dams@orc.govt.nz .
Council paper on dams and compliance in Otago
More information on dams and the Building Act from the Department of Building and Housing website.
NZSOLD is a technical group of the Institution of Professional Engineers New Zealand (IPENZ). This site has information on dam safety, including the proceedings of conferences at which papers on dam safety and background to the Building Act dam safety legislation have been presented.
More information on the NZ Society on Large Dams.
More information on the Institution of Professional Engineers New Zealand and obtaining the services and advice of a professional engineer or Recognised Engineer.
Historic information on some Otago dams from the New Zealand Historic Places Trust.