Determining access

 
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A dispute has been resolved. A determination has been published.

This particular determination is about accessibility and is one of many decisions made by the New Zealand Ministry of Building Innovation and Employment (MBIE) over disagreements to do with building work. The building at the centre of this dispute is a design plan seeking approval from the local consent authority.

 

The proposed design is an art centre open to the public which includes two levels of interior space and a landscaped roof garden, all which are serviced by a lift.


Situated above the roof garden is a small viewing platform, open to the public, with stairs leading up to it. In dispute is the lack of lift access to the platform. The applicant seeking consent outlined various reasons why lift access is not needed to this small space. Meanwhile, the local consent authority asserts access for people who cannot use stairs must be provided in order to comply with the New Zealand building code. The disagreement arises from differing interpretations of New Zealand building legislation.


MBIE considered this both sides of this case and ruled that lift access to the viewing platform is indeed necessary to comply with the building code. This is an important decision that will influence how similar spaces in other building projects are viewed by consenting authorities across the country.

 

A good rule of thumb to keep in mind when planning a new built environment project is that if some people can use a space while undertaking normal activities and processes then all people should have access to the 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 making sure no one is left at the bottom of the steps while their friends, family and associate enjoy a space inaccessible to them.

 
Accessibility, Universal Design, GovernmentColleen JonesAccessibility, Universal Design, Disability, Access Legislation