Access provisions left behind in earthquake law reform – why inclusive design still matters

The Government’s recent announcement to reform earthquake-prone building laws has been welcomed by many in the property and construction sectors. The proposed changes, which aim to reduce costs and unlock stalled remediation projects, include a significant shift in how compliance is approached.

Despite there being some exemptions in the previous legislation, we are disappointed that fire safety and access are now specifically stated as exempted. While this may ease financial pressure and encourage long-overdue upgrades, it also raises important questions about the long-term vision for our built environment – and who it serves.

A welcome step forward, but with caveats

CCS Disability Action supports efforts to bring neglected buildings back into use. Many have sat idle for years, their futures uncertain due to the high cost of compliance. In that sense, the proposed changes are a pragmatic step forward. Getting buildings upgraded and reactivated is a win for communities, local economies, and urban vibrancy.

However, the decision to exclude fire safety and disability access from mandatory upgrades during seismic strengthening is a missed opportunity. As our Access Advisor Vivian Naylor notes: “When the Earthquake Strengthening Bill was first introduced, there was no requirement to improve access alongside remediation – which was utterly frustrating given the scale of work involved. After advocacy, some modification was made. But now, we’re seeing access once again sidelined.”

Inclusive design is good business

Encouragingly, some developers are already thinking beyond compliance. In a recent NZ Herald article, Wellington property developer Eyal Aharoni said the changes wouldn’t affect his projects because he already prioritises making buildings “work for people”. That’s the kind of leadership we need.

Inclusive design isn’t just a social good – it’s a smart investment. Buildings that are accessible to all are more attractive to tenants, more adaptable over time, and more likely to retain value. As Vivian puts it: “If building owners want the best return on their property – whether keeping it or flicking it – being able to demonstrate it is a truly inclusive building would increase its value.”

Sustainability and disruption

There’s also a sustainability argument. Retrofitting access features later means more disruption, more cost, and more waste. If we’re serious about future-proofing our cities, we need to think holistically. Earthquake strengthening and access shouldn’t be seen as competing priorities – they’re both essential to a resilient, inclusive Aotearoa.

“Why suffer disruption again further down the track?” Vivian asks. “If access can be achieved when earthquake strengthening, then it makes sense to include it.”

A call to industry and government

CCS Disability Action urges developers, planners, and policymakers to take a broader view. The removal of mandatory access upgrades may be a short-term fix, but it shouldn’t become a long-term excuse.

We encourage building owners to consult with access experts early, consider universal design principles, and recognise the value of inclusive infrastructure – not just for compliance, but for community wellbeing.

Let’s not wait for another legislative window to do what’s right. Let’s build a future that works for everyone.

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