Previous determinations

Discussed the definition of “owner” for the purposes of section 75 and whether a section 75 certificate was required. The applicant, an owner of two allotments and cross leaser of one allotment had a building consent suspended for not supplying a section 75 certificate for building work to extend across the three allotments. Also discussed whether ‘part of a building’ is included in the interpretation of ‘building’ where the building work enlarges the building over allotment boundaries.

Discussed whether the authority was legally entitled to place conditions on a building consent, particularly regarding a “quality assurance plan” in respect of potential timber remediation.

Discussed the nature and complexity of building work and the relative competencies of those carrying out the work in relation to whether an exemption for building consent should be granted under Schedule 1(2), and the need for independent quality assurance systems and checks against the Building Code.

Discussed whether the household units proposed had special features of being ‘retirement suites’ as ‘specialised accommodation’ under section 7 of the Act, and whether this qualified them to seek modification of Clause G6 under section 67 of the Act. At the request of the authority, discussion was broadened to provide comment on the interpretation of G6 for horizontal impact noise; diagonal, vertical and horizontal assemblies and ‘abutting’ units.

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Note: The determination was subject to appeal but this was dismissed by the Court. See: H Davis v Ministry of Business Innovation and Employment [PDF 179 KB] (District Court, Auckland, 30 July 2015, CIV-2015-004-00009)

Discussed whether the building work classified as an exemption under Schedule 1 (17; 15) of the Act including whether the building work constituted a conservatory, porch or veranda, what definitions exist for these phrases and whether the building work was on the ‘ground or first-storey level’. Also discussed if the building work classified for an exemption under Schedule 1(2) of the Act.