Previous determinations

This determination addresses three decisions, the first two being certificates for public use issued in 2014 and 2023. The third concerns an application for a certificate for public use refused in 2024. The determination turns on whether the public safety test was met with regard to each of the three decisions. 

It also discusses the specified systems raised during the process as well as the conditions listed on the 2014 and 2023 certificates.

This determination relates to the authority’s decision to refuse to grant an amendment to a building consent proposing to include parts of the wall claddings terminating within channel drains at the base of the external walls.

The determination considers Building Code compliance pathways and whether the plans and specifications included sufficient evidence to establish compliance with Building Code clauses B2 Durability and E2 External moisture.

This determination considers an authority’s decision to refuse to grant a building consent subject to a waiver from Building Code clause D1.3.3(i) for the proposed construction of isolated steps between multiple bedrooms and prefabricated ‘pods’ containing sanitary fixtures at a multi-storey university student accommodation building.

The determination considers the intended use of the building and whether the steps are on access routes. 

This determination considers an authority’s decision to grant a building consent under section 72 of the Building Act 2004, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work was ‘major alterations’ for the purpose of the natural hazard provisions of the Act.

This determination considers a notice to fix issued for building work carried out without first obtaining a building consent, in contravention of section 40 of the Building Act.

The determination discusses the particulars required in a notice to fix for a section 40 contravention.

This determination considers the issue of three separate code compliance certificates, related to three different building consents, for building work to make various alterations and additions to an existing detached dwelling. All three building consents were issued under the Building Act 1991.

This determination considers if the building work complies with the Building Code that applied at the time the building consents were granted.

This determination considers the authority’s decision to refuse to issue a code compliance certificate for a detached dwelling and garage in relation to the compliance with clauses B2 and E2 of the cladding and timber framing, and the compliance of a channel drain with clause E2.

The determination considers whether the reasons for refusal were sufficiently detailed. 

This determination considers the authority’s decision to issue a notice to fix for an unnotified change of use. The determination considers the old and new uses of the building, in order to determine whether the building has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

The determination also discusses the particulars and remedies contained in the notice. 

This determination considers a council’s decision to issue a notice under section 133BT (a yellow placard) to restrict access to part of the property due to a slip.

The determination considers whether the council had the power under the Building Act to issue the notice, and the issue of the notice in relation to a slip at the rear of the property.

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.