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2026/044: Compliance with E1.3.1 for protection of other property and the refusal to issue a notice to fix

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About this determination

Date issued: 3 November 2026
Primary Building Code clause:: E1 - Surface Water
Primary topic:: Surface water
Council:: Porirua City Council
Section of the Building Act:: 164 and 17.

Summary

This determination considers whether building work carried out at 6 Oakum Road complies with Clause E1.3.1 in relation to the protection of ‘other property’ and the authority’s decision to refuse to issue a notice to fix.

The determination considers whether surface water collected and concentrated by the building work is disposed of in a way that avoids the likelihood of nuisance or damage to 4 Oakum Road.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people:

with compliance with the Building Act, it is published under section 175 of the Building Act
with a Weathertight Services claim, it is published under section 12 of the Weathertight Homes Resolution Services Act 2006.