15.1 Certain structures owned or controlled by network utility operators or similar

Network utility

A building consent is usually not required for motorway signs, stopbanks, culverts and other simple structures controlled by network utility operators and similar organisations.

What the law says

Schedule 1 of the Building Act 2004

Exemption 29. Certain structures owned or controlled by network utility operators or other similar organisations

Building work in connection with a motorway sign, stopbank, culvert for carrying water under or in association with a road, or other similar structure that is:

(a) a simple structure; and

(b) owned or controlled by a network utility operator or other similar organisation.

How it works

In many cases, this building work is located on public land and it often crosses territorial authority boundaries.

This type of building work is usually designed, constructed, maintained and supervised by professionals within the industry and/or government agencies known as network utility operators (NUOs).

What is exempt

  1. A new motorway off-ramp has been built and it is proposed to put up a motorway sign to direct vehicles. As the sign is owned by an organisation similar to an NUO, it will not require a building consent.
  2. A network utility operator proposes to build a culvert under a road to alleviate local flooding during heavy rainfall.

What needs consent

  1. A network utility operator proposes to build a new office for employees at its sewerage treatment plant. This office would not be considered a simple structure and requires a building consent.

This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: