Previous determinations

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

This determination considers the purported refusal of a building consent for alterations to a commercial building. The determination considers how the provisions of the Act apply to the assessment of the proposed additional floors for the purpose of clause B1 Structure of the Building Code. The determination explores the difference in the tests set out in section 17 and s112 of the Act.

This determination considers the authority’s decision to issue a notice to fix for an existing pool on an offshore private island that does not have a physical barrier to restrict access by unsupervised young children. The determination considers whether the owner is required to comply with section 162C of the Building Act 2004 and whether a waiver is appropriate in the circumstances. 

This determination considers whether a sloped pedestrian walkway between two levels of a retirement village is required to comply with clauses of Building Code Clause D1 that concern accessible routes. It also discusses the requirements in the Building Act for accessible routes in relation to different types of buildings within the village.

This determination considers whether the building work carried out at 57 Pomona Road complies with E1.3.1 as it relates to the protection of ‘other property’ at 53 Pomona Road. This turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage to 53 Pomona Road.

This determination considers the authority’s decisions to issue two notices to fix for a retaining wall constructed by a previous owner of the neighbouring property. The determination considers whether there were grounds to issue the notices to fix to the applicant, and the form and content of the notices.

This determination considers an authority’s decisions to issue three successive notices to fix alleging the same contravention. The determination discusses the details required in a notice to fix, and the obligations of authorities in issuing notices to fix.

This determination considers an authority’s decision to issue a dangerous and affected building notice for a dwelling. The determination considers whether the identified 'defects' meant the dwelling was a dangerous or affected building at the time the notice was issued. This decision takes into account all the information that is now available.

This determination is subject to appeal​.

The determination will consider whether the constructed head flashings to weatherboard claddings where the stop ends extend past the cladding line comply with E2.3.2 to prevent the penetration of water that could cause undue dampness and damage by way of an alternative solution. 

This determination considers the authority's decision to issue a notice to fix for the construction of a retaining wall. The determination considers whether there were grounds to issue the notice to fix (including whether the building work was exempt from the requirement to obtain a consent), and the form and content of the notice to fix.