Previous determinations

Note: to be read in conjunction with Determination 2017/008.

This determination considers a second refusal to issue a code compliance certificate for a now 17-year-old house with monolithic cladding that was the subject of a previous determination.  This determination discusses the validity of the refusal with regard to the time in which a building consent authority must make a decision, and the relationship between the requirement to give reasons for refusing to issue a code compliance certificate and the issue of a notice to fix.  The determination considers the information the authority had before it at the time it made its decision and whether the items identified by the authority are compliant with the Building Code.

This determination considers the code-compliance of retrofitted rigid foam insulation board to insulate the walls of an existing house.  The determination considers whether the proposed insulation board will satisfy certain clauses of the Building Code to the extent required by the Building Act.

This determination considers two houses damaged in the Canterbury earthquake sequence and whether the information provided in support of the building consent for the repair of the buildings was sufficient for the authority to be able to grant the consent.  

This determination considers the compliance of a consented building where there was delay in completing the consented work.  The determination considers the authority’s reasons for declining to issue the code compliance certificate for the work; the authority’s reasons were principally concerned with the building’s compliance with Building Code Clause E2 — External moisture.

This determination considers the compliance of consented alterations carried out on an existing building for which an earlier code compliance certificate also had not been issued and where a significant portion of the existing building remained unaltered. The determination considers the authority’s reasons for declining the code compliance certificate for the work, and the provisions of section 115 (change of use) in relation to the work.

This determination considers the authority’s refusal to accept a building consent application. The determination considers whether sufficient information was provided to the authority as required by section 45 of the Building Act.

This determination considers whether the authority correctly exercised its powers in refusing to issue a building consent for a new house with a fixed glazing system.

This determination considers the authority's refusal to issue the code compliance certificate for a substantial addition to an existing studio building. The refusal arose from matters related to Building Code Clauses D1, E2, E3, and F4, but the principle issue was an ongoing dispute about the water from neighbouring properties and a small drain that has been installed to divert some of this water. The determination considers whether the drain formed part of the consented work or not.

This determination considers the compliance of a 14-year-old building. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

This determination considers the compliance of low-pitched membrane roofs to a proposed three storey house.  The roofs are inward-sloping and employ slopes less than provided for in the Acceptable Solution for Clause E2 External moisture.