Previous determinations

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.

This determination relates to the construction of a new residential building. The determination considers three matters: the issue of a building consent, whether the authority failed to exercise a power of decision to issue a notice to fix, and compliance with Clause B1 Structure of proposed remedial building work.

This determination considers two successive notices to fix alleging the owners carried out building work to construct a sleepout without building consent, when consent was required, in contravention of section 40 of the Building Act.

The determination discusses whether the building work was exempt from the requirement to obtain a building consent under Schedule 1 of the Act, and the form and content of the notices.

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

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 an authority’s decision to issue two notices to fix for building work carried out at the owners’ property.

The notices allege contraventions of section 40 for building work carried out without consent, sections 114 and 115 for a change of use, and section 17 for non-compliance with the Building Code.

As part of the section 40 assessment, the determination considers whether the building work included in the notice to fix was the subject of a certificate of acceptance and whether it was exempt under Schedule 1. 

This determination considers an authority’s decision to issue a notice to fix for contravention of sections 40 and 17 of the Building Act 2004.

The determination considers whether the unit as modified is a vehicle or a building, and whether it complies with Building Code clauses D1, E2 and G13.

This determination considers an authority’s decision to issue a code compliance certificate for alterations to a block of kura classrooms.

The determination considers whether certain building elements comply with the building consent and/or the Building Code.

This determination concerns an authority’s decision to issue a notice to fix for a pool barrier. The determination considers whether the pool barrier complies in relation to a storage box that is permanently located inside and close to the pool barrier.

It also considers the form and content of the notice to fix.

This determination considers whether the installation of a diesel boiler and flue complies with clause G4.3.4 of the Building Code, in terms of whether the emissions from the flue avoids creating a nuisance or hazard to the neighbouring property.

The determination discusses the terms ‘nuisance’ and ‘hazard’ in the context of compliance with clause G4.3.4. 

This determination considers an authority’s decision to issue a notice to fix for a timber deck constructed without building consent in contravention of section 40.

The determination considers whether the work was exempt from the requirement to obtain building consent under clause 24 of Schedule 1 of the Building Act, turning on the height of fall from the deck.