Previous determinations

This determination concerns the decision of the authority to issue a certificate of acceptance for the installation of a new shower room in an existing dwelling.

The determination considers whether the building work complies with Building Code Clause E3 – Internal moisture and Building Code Clause G13 - Foul Water.

This Determination is subject to appeal.

This determination concerns an authority’s decision to issue a notice to fix for building work it considered required a building consent.

The determination considers whether the installation of a drainage system that disposes of grey water from a unit is building work, and whether construction of a shed is exempt from requiring a consent under Schedule 1 of the Building Act. It also considers the form and content of the notice to fix. 

This determination considers the compliance of a tiled floor of an upper-level bathroom with Building Code clause E3 Internal moisture.

The determination discusses the tiled floor system, the shower enclosure and the compliance of the tiled floor with Building Code clause B2 Durability, in so far as it relates to clause E3. 

The determination considers the authority’s proposed decision to refuse a building consent in relation the bracing design in a new dwelling.

In making the determination, it will consider the reasons for the refusal about whether the compliance pathway for the design of the bracing is Acceptable Solution B1/AS1.

This determination considers whether part of a proposed pool barrier complies with Building Code Clause F9 - Means of restricting access to residential pools.

The part of the barrier being considered is the 1800mm high timber boundary fence and its junctions with 1200mm high internal glass fencing.

This Determination is subject to appeal.

This determination considers the authority’s decision to grant a building consent under section 72 for construction of a new dwelling on a property that is subject or likely to be subject to the natural hazard of slippage.

It considers whether the hazard is likely and whether ‘adequate provision’ has been made to protect the land, building work and other property.

This determination considers whether part of a proposed pool barrier complies with Building Code Clause F9 Means of restricting access to residential pools. The part of the barrier at issue comprises a wall of a house which has a bi-fold window.

The determination also discusses the requirements of the Acceptable Solution for Clause F9 that relate to openable windows in a building wall forming a pool barrier.

This determination considers an authority’s decision to refuse to remove an entry on a property’s record of title relating to a natural hazard.

It discusses how the entry came to be recorded against the current record of title following a series of subdivisions and the relevance of where the building work described in a 2004 building consent was carried out, in determining whether the entry is no longer required in terms of section 74(3).

This Determination is subject to appeal.

This determination considers an authority’s decision to issue a notice to fix for a contravention of section 40 in relation to several items of building work.

It considers whether a notice to fix can be issued for work which has been completed at the time the notice is issued, and whether an authority must know when the building work occurred. The determination also considers the remedies in the notice to fix.

This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40 of the Building Act 2004, relating to building work carried out without building consent.

The determination focuses on whether the building work required building consent, in particular whether the work was exempt under Schedule 1, clause 3B, with specific consideration of the meaning of “not more than 1 storey” and the relationship between the floor level and the supporting ground.