Previous determinations

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).

Read appeal judgement [PDF 503KB].

This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.

This determination considers the compliance of a replacement façade system to an existing 5-storey building. The facade system incorporates high-pressure laminate panels fixed to an aluminium frame creating a 50mm wide cavity between the panels and the lined timber-framed wall behind. The authority has concerns about the facade system’s ability to perform with respect to preventing the spread of fire over the external cladding. The determination considers the compliance of the original facade system, and as modified in response to the determination’s initial findings.

This determination considers whether the structure without fire resistance complies with Clause C3 of the Building Code.  The determination discusses whether the structure as constructed satisfies C/AS1 and whether it complies as an alternative solution.

This determination considers whether there was sufficient evidence provided in a building consent application for the authority to grant the consent under section 49 of the Act where half of a duplex is proposed to be demolished. The determination considered whether the proposed building work complies with Clauses B1, B2, C3, E2, and H1 of the Building Code.

This determination considers two applications made for a certificate of acceptance for the recladding of an existing building: the work has been undertaken without a building consent having been issued. Both applications were declined by the authority. The determination considers the compliance of the work itself, the basis on which the work was done, and whether the authority was correct to decline the applications.

This determination considers the compliance of the artificial turf flooring with Clause C3.4(b) of the Building Code. The determination discusses the allowances within the Acceptable Solutions for non-compliant surface finishes, and whether there are reasonable grounds to issue a waiver of the building consent in respect of the artificial turf.

This determination considers whether the proposed deck construction would comply with Clause C3 of the Building Code. The determination discusses whether the timber slatted deck over a carport is a roof for the purpose of C/AS1 and whether the design is an alternative solution.

This determination concerns construction defects that were exposed during building work undertaken to remediate weathertightness issues. The determination considers the code-compliance of the use of intumescent sealant without plasterboard patches for penetrations in intertenancy walls, and discusses the application of section 112 of the Act in respect of the defects in existing construction including those not exposed as part of the proposed building work.

This determination considers the requirements under section 116A with respect to fire rating of an inter-tenancy wall. The determination discusses the relationship between the Building Act, the Resource Management Act and the Unit Titles Act in respect of unit title developments and subdivision.

Regarding the installation of a lift without building consent, and a request to remove the compliance schedule, for a multi-unit residential building.