Previous determinations

This determination considers whether, for the purpose of compliance with the Building Code, three buildings meet the definition of 'backcountry hut' in Clause A2 Interpretation. The determination considers if the buildings are intended to provide overnight shelter to any person who may visit and who carries his or her own food, bedding, clothing, and outdoor equipment.

This determination considers an authority’s decision to issue a notice to fix under section 164 of the Building Act 2004. The determination turns on whether there has been a 'change of use' of a building or part of the building for the purposes of the Act.

This determination considers whether there was a change of use in relation to a building
that was used for emergency housing, where previously it had been used as tourist
accommodation. More specifically, the determination considers whether the use group
changed from 'sleeping accommodation' to 'sleeping residential' and, if so, whether that
resulted in additional or more onerous Building Code requirements.

The determination concerns the classified use of a building that is let out on occasion for public accommodation. The determination considers whether the classified use falls within "Detached dwellings" or "Community service" under Building Code Clause A1 - Classified uses.

This determination considers the authority's decision to issue a dangerous and insanitary building notice and a certificate of acceptance in respect of a sleepout. The determination discusses whether the sleepout was dangerous or insanitary at the time, whether the authority was correct to include a 'restriction of usage' within the issued certificate of acceptance, and the classified use of the sleepout.

This determination considers the decision to issue a notice to fix for the construction of a storage building made up of relocated shipping containers and a roof. The authority is of the view that building work has been carried out which required building consent and therefore there has been a contravention of Section 40. As the building crosses a boundary into an adjacent allotment, the authority is also of the view there has been a contravention of section 75. This determination also discusses whether the containers have undergone a change of use.

This determination considers the issue of a notice to fix in regard to building work carried out to convert an existing shed and sleep-out into a self-contained unit. The determination considers whether the authority was correct to issue the notice to fix, and whether a change of use had occurred. 

This determination concerns the classified use of a building that is let out for public accommodation under Clause A1 Classified uses. The determination considers whether the classified use falls within “Detached dwellings” or “Community Service”. 

This determination considers the classified use of buildings on two properties under Clause A1 of the Building Code when they are used by employers as accommodation for seasonal workers under the New Zealand Recognised Seasonal Employer (RSE) scheme.

This determination considers whether the building has undergone a change of use and the exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use. The determination considers the use category and whether compliance requirements in the new use are additional or more onerous than the requirements related to the old use.