Has a man got the right to build his family a home on his own land in New Zealand under the Magna Carta law without involving authorities?We cannot afford the expense that goes along with...

Has a man got the right to build his family a home on his own land in New Zealand under the Magna Carta law without involving authorities?

We cannot afford the expense that goes along with building permits and council regulations. We have no immediate neighbours, live 50km from the nearest town and have no services supplied. We are completely self sufficient.

Asked on by tibs

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dbello's profile pic

dbello | High School Teacher | (Level 1) Educator

Posted on

The Magna Carta 1215 planted the seed of freedom not only for the English, but for humanity. The idea that no one was above the law, not even the king was about as radical as any definition of radical that ever was written.  Having said that, the comment you make after your question suggests that New Zealand does in fact have laws that require building permits etc. Therefore the Magna Carta 1215 holds no legal bearing over an individuals' right to build upon his/her own property. However, the Magna Carta allows a man to build on his own property as long as he follows the rule of law, which in your case would involve the laws regarding building permits.

pohnpei397's profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted on

I am afraid that most parts of the Magna Carta have no force as modern law.  And the parts that do have force certainly do not apply to cases such as those having to do with the issuing of building permits.

The Magna Carta was mainly an agreement that settled the limits of royal rights relative to those of the nobles.

As far as its impact today, as I say, it is not in force as a law.  There are ideas that have come from the Magna Carta that do have force of law, but those consist of only three parts of the original charter.  Those ideas are the right of habeas corpus and the right to due process of law.  Neither of these applies in your case.

krishna-agrawala's profile pic

krishna-agrawala | College Teacher | (Level 3) Valedictorian

Posted on

Magna carta, as commonly understood, refers to a document signed by a King of England in 1215 AD. This document has influenced the British law significantly. However it is no longer a valid law in any country. It appears you live in New Zealand. I do not know if in your country the term "Magna carta" is used to refer to any other law. Also I am not aware of laws in New Zealand. However, frequently many countries do have similar laws, and therefore I am giving below my response based on understanding laws in India.

Building of house and other structure is regulated by law for two purposes. The first is to ensure the safety of the people living in and using such houses. The other purpose is to ensure that the house do not create avoidable problems for others. Even if you are building a house in a remote place, there may be some legal restrictions applicable to save the immediate environment. For example, Indian laws require permission for cutting down any trees, even in forest areas, to clear a ground for making a house.

Thus some legal provisions may be applicable for building your house. I suggest that you find out what these are. Hopefully, the process of building a house for self and family in a remote area, will not be too complicated.

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