Previous determinations

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers the
authority’s reasons for refusal and whether sufficient information was included in the
building consent application for the authority to be satisfied that the provisions of the
Building Code would be met if the building work were properly completed in accordance
with the plans and specifications that accompanied the application.

This determination considers whether the bracing design for two external walls of a
single-storey timber-framed dwelling complied with the Building Code. In deciding this
matter, I have considered whether the bracing design complied with the means of
compliance stated in the building consent application, which was New Zealand
Standard NZS 3604:2011 Timber-framed buildings.

The matter to be determined, under section 177(1)(b) and (2)(f), is whether the authority was correct in its decision to issue a notice to fix for the owners’ structure. In deciding this matter, I must consider whether the structure was exempt from requiring a building consent under Schedule 1 of the Act, and whether the authority had sufficient evidence to consider on reasonable grounds that the building work did not comply with the Building Code.

This determination considers whether the authority was correct in requiring a building consent for the construction of a wind turbine, and its decision to issue a notice to fix for the construction of the supporting foundation without a building consent being obtained. In deciding these matters, I have considered whether the wind turbine is a building and whether the foundation was exempt from the requirement to obtain a building consent.

This determination considers whether the authority was correct to refuse to grant a building consent for the construction of a relocatable building. This determination considers the documentation requirements for a building consent application and reasons given by the authority when refusing the building consent.

This determination considers whether a proposed pool barrier near a property boundary complies with Building Code Clause F9. The determination looks at the requirements of the Acceptable Solution F9/AS1 as it relates to pool barriers near property boundaries and whether future changes a neighbour maybe a factor when considering Building Code compliance of the pool barrier.

This determination considers elements of a pool barrier and their compliance with section 162C of the Building Act 2004. Those elements were constructed, installed, or erected prior to s162C coming into force, as part of a wider set of alterations at the property.

This determination considers whether the authority was correct to refuse to issue two amendments to the building consent regarding a pool barrier. The amendments were refused as compliance with Clause F9 of the Building Code, Means of restricting access to residential pools, had not been demonstrated. The determination considers whether a pavilion, patio and soft landscaping area can be considered part of the 'immediate pool area'.

This determination arises from the authority's decision to refuse to issue a code compliance certificate for a 17-year-old dwelling. This determination considers whether there is sufficient compliance with clauses E2 and B2 of the New Zealand Building Code.

Note: Determination 2022/028 was modified under section 211(1)(a) of the Building Act 2004 by the District Court on 25 July 2023 in [2023] NZDC 15205. Read the judgement.

This determination considers whether the authority was correct in its exercise of powers of decision to refuse to grant a building consent for alterations to an existing detached dwelling, and its subsequent decision to issue a notice to fix. In deciding these matters, I have also considered whether the building work could have been carried out urgently in advance of obtaining a building consent, and whether the owners are now required to apply for a certificate of acceptance.