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Note: This determination is subject to appeal.
This determination concerns a return wall to a retaining wall built under a building consent; the return wall encroaches over the owners’ boundary into a neighbouring property. The authority issued a notice to fix in respect of the return wall, as it is of the view it was a built without first obtaining an amendment to the consent. The determination considers whether the notice to fix was correctly issued, and whether the return wall was a major or minor amendment to the building consent.
This determination considered whether the authority’s decision to grant a building consent with an attached section 37 certificate that did not include a planning noncompliance that was not identified in the certificate. The determination also considers whether the authority could place a section 37 tag on the building work after the building consent had been issued.
This determination considers whether there was sufficient evidence provided in a building consent application for the authority to grant the consent under section 49 of the Act where half of a duplex is proposed to be demolished. The determination considered whether the proposed building work complies with Clauses B1, B2, C3, E2, and H1 of the Building Code.
This determination considers exclusions listed in a certificate of acceptance issued for the installation of imported composite slate roofing tiles.
This determination considers the authority’s decision to refuse to issue the code compliance certificates for the 13-year-old house and the swimming pool. The determination discusses the authority’s refusal to inspect the building work and whether there was sufficient evidence of compliance in order to issue the code compliance certificates.
This determination concerns two notices to fix: one issued in relation to foundations and flooring constructed for a shed without building consent and the other for work to reclad a relocated house. The determination discusses the scope of the building work covered by the building consent for the relocated house, the extent of compliance required by the Act, and whether the building work complies.
This determination was sought by the authority in regards to whether a notice to fix was correctly issued to the designer as a specified person, and whether the sprinkler system is a specified system for the purpose of the compliance schedule and building warrant of fitness. The determination also considers the compliance of particular features of the building, and discusses the various contraventions listed in the notice to fix.
This determination considers whether there was sufficient information provided in the building consent application and available to the authority as part of its own inspections, without the independent construction monitoring and certificate for the cladding system, to allow the authority to be satisfied on reasonable grounds that the building work woudl comply with the relevant clauses of the Building Code if the building work was carried out in accordance with the plans and specifications.
This determination considers the information required to establish on reasonable grounds that specific elements of building work complies with the relevant clauses of the Building Code. At issue was the compatibility of plumbing fittings and pipes from different manufacturers, and whether evidence of construction monitoring was required.
This determination considers a request by the authority to reverse its decision to issue a code compliance certificate; the authority became aware that the building work was not compliant with the building consent or with the Building Code. The determination discusses the scope of the authority's powers in respect of withdrawing code compliance certificates, and concludes that this can only be done through a determination.
This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: