Previous determinations

This determination considers an authority’s decision to issue a notice to fix under section 164 of the Building Act 2004. The determination turns on whether there has been a 'change of use' of a building or part of the building for the purposes of the Act.

This determination considers an authority’s decision not to grant building consent to a leaseholder for alterations to part of a building, based on the authority’s view that the seismic performance of the whole building was required to be upgraded. The determination discusses the requirement in section 115 for a building undergoing a change of use to comply, as nearly as is reasonably practicable, with the provisions of the Building Code relating to structural performance.

This determination considers the issue of a notice to fix in regard to building work carried out to convert an existing shed and sleep-out into a self-contained unit. The determination considers whether the authority was correct to issue the notice to fix, and whether a change of use had occurred. 

This determination concerns the classified use of a building that is let out for public accommodation under Clause A1 Classified uses. The determination considers whether the classified use falls within “Detached dwellings” or “Community Service”. 

This determination considers whether a garage detached associated with a dwelling has undergone a change of use when it was converted to a self-contained unit.  Council issued a notice to fix in respect of the conversion and the determination considers whether the garage has undergone a change of use as provided for in the legislation.

This determination considers the classified use of buildings on two properties under Clause A1 of the Building Code when they are used by employers as accommodation for seasonal workers under the New Zealand Recognised Seasonal Employer (RSE) scheme.

This determination considers whether the building has undergone a change of use and the exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use. The determination considers the use category and whether compliance requirements in the new use are additional or more onerous than the requirements related to the old use.

This determination considered whether a change of use had occurred and whether the authority was correct to refuse to grant an exemption under Schedule 1(2).

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).

Read appeal judgement [PDF 503KB].

This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.

This determination considered whether there was a change of use for the purpose of sections 114 and 115, in regard to building work carried out to increase the number of bedrooms in a building to 12.