Previous determinations

This determination considers whether building work to construct a new retaining wall close to the boundary between two properties complies with Building Code clauses B1 Structure and E1 Surface water that have the purpose of protecting other property.

This determination considers whether the authority was correct to refuse to grant a building consent for the construction of a number of retaining walls on a site with respect to ground water collected by drainage installed behind the walls. The determination considers whether the ground water collected falls within the definition of 'surface water' as it applies to Building Code Clause E1 Surface water.

This determination considers whether a depression on semi-rural property can be considered a suitable outfall for a surface water drainage system. The authority issued the notice to fix because it considered the drainage system had not been constructed in accordance with the consented plans. The determination considers the compliance of the outfall and whether the authority was correct to issue the notice to fix

This determination considers whether a surface water drain complies with Building Code Clause E1 Surface water: the drain collects water from a roof and is connected to a kerb sump and not directly to a surface water drain.  The authority considers the connection to the sump was contrary to the means of compliance stated in the building consent, being the Acceptable Solution for Clause E1, and that approval should be sought for the work as a minor variation to the consent.

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.

The determination considers whether site works carried out as part of a development have breached the requirement under Clause E1.3.1 in regards to the disposal of surface water to avoid the likelihood of damage or nuisance to other property. The determination discusses the causes of the flooding and the performance requirements in relation to annual exceedence probability of storm events.

This determination discusses the Building Code obligations in Clauses B1.3.6(b) and E1.3.1 for the proposed building work in respect of the likelihood of damage to an adjacent property. The concerns raised were the effect of any additional load in relation to an underground water system, spring, or puna and an adjacent Māori reservation.

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