Previous determinations

This determination is subject to appeal

This determination considers an authority’s proposal to issue a notice to fix for what it
considers is building work that has been carried out without building consent. The
matter concerns transportable dwellings, and the determination considers whether
these are vehicles or buildings that come within the ambit of the Building Act.

This determination explores whether a certificate of work is required from a licensed
building practitioner for the design of the roof trusses. This requires a decision of
whether the design of roof trusses is part of the primary structure of a dwelling and
restricted building work.

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers the
authority’s reasons for refusal and whether sufficient information was included in the
building consent application for the authority to be satisfied that the provisions of the
Building Code would be met if the building work were properly completed in accordance
with the plans and specifications that accompanied the application.

The matter to be determined, under section 177(1)(b) and (2)(f), is whether the authority was correct in its decision to issue a notice to fix for the owners’ structure. In deciding this matter, I must consider whether the structure was exempt from requiring a building consent under Schedule 1 of the Act, and whether the authority had sufficient evidence to consider on reasonable grounds that the building work did not comply with the Building Code.

This determination considers whether the authority was correct to refuse to grant a building consent for the construction of a relocatable building. This determination considers the documentation requirements for a building consent application and reasons given by the authority when refusing the building consent.

Note: Determination 2022/028 was modified under section 211(1)(a) of the Building Act 2004 by the District Court on 25 July 2023 in [2023] NZDC 15205. Read the judgement.

This determination considers whether the authority was correct in its exercise of powers of decision to refuse to grant a building consent for alterations to an existing detached dwelling, and its subsequent decision to issue a notice to fix. In deciding these matters, I have also considered whether the building work could have been carried out urgently in advance of obtaining a building consent, and whether the owners are now required to apply for a certificate of acceptance.

This determination considers the decision making on two building consents and a code compliance certificate where the building work was carried out to the dwelling under separate building consents at the same time.

This determination considers whether the authority was correct to refuse to issue a notice to fix for site works that occurred over a period of years. The determination also considers the compliance of the work and status of the developer as a specified person.

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers whether sufficient information was included in the building consent application.

This determination considers building work that was carried out to a boarding house in 1997 and how the transitional provisions of the Building Act 2004 apply to building work that differed from the approved plans.