Previous determinations

Note: The decision in this determination was confirmed on appeal to the District Court. See Waikato Regional Council v Poseidon Holdings Ltd [2021] NZDC 6951.

Read the appeal judgment.

This determination considers the authority's decision to issue a notice to fix for an agricultural effluent storage pond to the current owner. The determination discusses the relationship of the previous owner and the current owner, and whether the current owner is a specified person for the purposes of section 163 and 164 of the Building Act.

This determination considers whether the authority was correct to issue a notice to fix in circumstances where the placement of a trailer near a timber wall might enable a young child to gain access to the neighbour's pool. The matter turns on the interpretation of section 116B(1)(a) of the Building Act, which provides that it is an offence to use a building for a use for which that building is not safe.

Note: The decision in this determination was confirmed on appeal to the District Court. See Ford v Auckland Council [2020] NZDC 22162.

Read the appeal judgment.

This determination considers whether the owner of a cable car built in 2000 (servicing the owner’s house) was required to obtain a compliance schedule for the cable car, given there was no such requirement when the cable car was built. The determination also considers how to interpret the requirement for the compliance schedule to include performance standards for the cable car. 

This determination considers the authority’s proposal to issue a notice to fix for work that the authority considers constitutes building work that required building consent.  The issue concerns an abode that has been constructed using a trailer and that the owner contends is a vehicle and not a building.  The matter turns on whether the work carried out was work for or in connection with the construction of a building.

This determination considers the decision by the authority to issue a building consent with a section 37 certificate attached.  The determination discusses what the section 37 test ‘will or may materially affect building work’ means.

This determination considers whether a building consent authority correctly issued a notice to fix in relation to two relocated units. The units, which are on wheels, were built in another district and then transported to the applicant’s property. The determination looks at whether building work requiring a building consent was carried out at the property. 

Note: ​The decision in this determination was confirmed on appeal to the District Court. See Marlborough District Council v Bilsborough [2020] NZDC 9962.

Read the appeal judgment.

This determination concerns a notice to fix issued for two relocated units built on trailers that were relocated onto site and joined via a walkway constructed onsite.  The determination considers whether the structure is a building for the purposes of the Act and whether the units separately are vehicles and not buildings.  It also considers the particulars of contravention identified in the notice to fix and the persons to whom the notice was issued.

This determination considers whether a proposed horse shelter was exempt from the need for a building consent under Schedule 1 of the Act and also whether the authority was correct to refuse to issue an exemption under Schedule 1(2).  The determination discusses what an authority can consider when considering whether to grant a discretionary exemption under Schedule 1(2).

This determination considers the refusal to issue a building consent for investigation and subsequent reinstatement of concrete panels containing potentially corroded structural steel elements. The determination considers the authority’s reasons for refusing to issue the building consent.

Note: The decisions in this determination were reversed on appeal to the District Court. See: Alan Dall v MBIE (District Court, Christchurch, 19 February 2020, CIV-2019-085-000404).

Read the appeal judgment.

This determination considers whether a unit on a trailer is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this. The determination discusses the definitions of building and vehicle under section 8 of the Building Act.