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This determination considers a requirement put in place after a building consent was issued to replace existing drains on a property where a new dwelling was being constructed. The decision turns on the means of compliance stated in the building consent and the authority’s powers after the consent was issued. The determination also discusses the Building Code obligations that apply in regards to drainage systems and the performance requirements and assessment of existing drains.
This determination considers the requirements under Clause H1.3.4 in regards to insulation of a TPR valve and a length of hot water pipework, and Clause G9 in regards to the location of an electrical cable in a duct with the water supply pipework. The determination discusses the application of the relevant Acceptable Solutions and associated Standards as a means of establishing compliance.
This determination considers three cabins constructed for the use of sleeping accommodation at an ashram and whether the building work was exempt from the requirement to obtain building consent under Schedule 1. The determination discusses the definition of the term “dwelling” as it relates to Schedule 1(3)(d).
Note: The decisions in this determination were reversed on appeal to the District Court. See: Rangi and Richdale v Upper Hutt City Council (District Court, Wellington, 13 April 2010, CIV-2009-085-983).
Appeal judgment [PDF 256 KB]
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