Previous determinations

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of a pool barrier made up of walls and doors of a building that was subject to an exemption under the Fencing of Swimming Pools Act. The determination considers whether the barrier complies to the extent required by section 162C of the Act. 

This determination considered the compliance of a glass balustrade with Building Code Clause F4 – Safety from falling. The determination considers whether the proposed barrier will restrict the passage of children.

This determination considers an authority’s refusal to issue a code compliance certificate for a 16-year-old house principally for reasons to do with the performance of the building envelope. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

This determination considers the issue of a code compliance certificate for alterations to a relocated house.  The determination discusses the compliance of the building work with the building consent and with relevant clauses of the Building Code

Note: to be read in conjunction with Determination 2017/008.

This determination considers a second refusal to issue a code compliance certificate for a now 17-year-old house with monolithic cladding that was the subject of a previous determination.  This determination discusses the validity of the refusal with regard to the time in which a building consent authority must make a decision, and the relationship between the requirement to give reasons for refusing to issue a code compliance certificate and the issue of a notice to fix.  The determination considers the information the authority had before it at the time it made its decision and whether the items identified by the authority are compliant with the Building Code.

This determination considers the performance of a proprietary aluminium barrier installed on a timber-framed veranda in an existing house.  The determination considers the performance of the barrier in respect of its strength, and the authority’s decision to refuse to issue a code compliance certificate in respect of the work.

This determination considers the authority's refusal to issue the code compliance certificate for a substantial addition to an existing studio building. The refusal arose from matters related to Building Code Clauses D1, E2, E3, and F4, but the principle issue was an ongoing dispute about the water from neighbouring properties and a small drain that has been installed to divert some of this water. The determination considers whether the drain formed part of the consented work or not.

This determination is concerned with the compliance of proposed barriers to a walkway. The determination considers whether the barrier satisfies the Acceptable Solution or complies as an alternative solution.

This determination considers the compliance of the remedial work carried out to eight decks. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

This determination considers whether a retaining wall without a barrier at the top complies with Clause F4 Safety from falling.  The determination also discusses the interpretation of section 42A(2)(c) of the Building Act and whether the building work to construct a retaining wall was exempt from the requirement to obtain a building consent.