Previous determinations

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Explanatory note

This determination contained an error when it was issued on 12 July 2012. At Paragraph 6.5.2 it read, "No compelling reasons have been submitted to support the view that Clause E2 should be waived. I consider that such a waiver would be appropriate in this instance."

The word "not" was mistakenly omitted from the second sentence. To correct this error, paragraph 6.5.2 is now to be read as follows, "No compelling reasons have been submitted to support the view that Clause E2 should be waived. I consider that such a waiver would not be appropriate in this instance."

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This determination discusses who can be issued with a notice to fix, in particular when building work was undertaken by a previous owner without building consent having been obtained. It also considers the compliance of building work and discusses circumstances where building work departs from Acceptable Solutions or New Zealand Standards.

Note: This Determination was set aside by order by the District Court as a result of an appeal under section 208 of the Building Act. The Court order was made by consent of the parties after the respondent Council conceded it failed to comply with the statutory provisions governing notices to fix.

Determination arose from repairs carried out as exempt building work by the Project Management Office as established by the Earthquake Commission, and whether the repaired concrete floor slab on ground subject to liquefaction and categorised as Foundation Technical Category 2 (TC2) complies with the Building Code. Discussed whether the work required building consent or was exempt under Schedule 1 (a) and whether the repair work constitutes a “substantial” replacement.

Discussed whether masonry walls complied with Clause B1 of the Building Code that was in force at the time the consent was granted. Related to building work that was carried out without inspections, and whether there was sufficient evidence to establish compliance.

Discussed the protection of “other property” in relation to Clause B1.3.6, and whether exempt building work is required to comply with the Building Code. Also discussed the compliance of the retaining wall with Clause B1.3.1, and the appropriate regulatory action in relation to the issue of a code compliance certificate for work found to be not compliant.