Previous determinations

This determination considers an authority’s decision to issue a notice to fix for alleged contravention of sections 105 and 108 of the Building Act.

The authority considered the owner’s building was being used for public accommodation and that the owner had not complied with their compliance schedule obligations, including the need to provide the authority with an annual building warrant of fitness.

In making the decision, the determination considers whether the building was used “wholly as a single household unit” at the time the notice to fix was issued.

This determination considers an authority’s decision to refuse to provide written notice for a change of use under section 115 of the Building Act.

The proposed change of use was refused because the authority considered a building consent application was required.

The determination also considers whether the installation of fire-rated linings and associated framing is exempt building work under Schedule 1 of the Act. 

This determination considers the compliance of a proposed new pool and associated pool deck with Building Code clause F4 Safety from falling without a barrier being installed.

The determination considers whether a barrier is required to reduce the likelihood of accidental fall from either the pool or pool deck.

This determination considers an authority’s decision to issue a notice to fix, for a contravention of sections 114 and 115 of the Act, to the owners of a unit in a multi-unit residential building complex being let as short-term holiday accommodation.

The determination considers whether a change of use has occurred, in particular whether the unit’s classified use under Building Code Cause A1 Classified Uses has changed from ‘Multi-unit dwelling’ to ‘Community service’.

This determination arises from the authority’s identification that a code compliance certificate had been issued in error because a portion of the building work detailed in the building consent had not been constructed at the time the certificate was issued. 

This determination considers an authority's decision to issue a new notice to fix following the reversal of an earlier notice to fix by Determination 2025/042.

The determination considers whether there were grounds to issue the new notice to fix for a change of use, and the content of the notice.

This determination concerns an authority’s decision to refuse to issue a notice to fix for building work associated with a retaining wall.

The determination considers whether the building work (including sitework) carried out on the boundary of several properties complies with clause B1.3.6 of the Building Code as it relates to avoiding the likelihood of damage to other property.

This determination considers the authority’s decision to withdraw a notice to fix for a contravention of section 17. The matter relates to construction of a shed in 2019 and compliance with the clause C3.7 of Building Code.

This determination considers an authority’s decision to refuse to issue a dangerous building notice for a private bridge which serves four properties. The bridge was damaged in a flooding event and subsequently repaired.

The determination considers the test in section 121 of the Building Act 2004, in terms of whether the bridge is likely to cause injury or death in the ordinary course of events.

This determination considers a notice to fix issued in relation to building work carried out to construct two huts and associated structures without a building consent.

The determination discusses whether, at the time the notice was issued, 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 notice.