Previous determinations

This determination addresses three decisions, the first two being certificates for public use issued in 2014 and 2023. The third concerns an application for a certificate for public use refused in 2024. The determination turns on whether the public safety test was met with regard to each of the three decisions. 

It also discusses the specified systems raised during the process as well as the conditions listed on the 2014 and 2023 certificates.

This determination considers an authority’s decision to grant a building consent under section 72 of the Building Act 2004, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work was ‘major alterations’ for the purpose of the natural hazard provisions of the Act.

This determination considers the issue of three separate code compliance certificates, related to three different building consents, for building work to make various alterations and additions to an existing detached dwelling. All three building consents were issued under the Building Act 1991.

This determination considers if the building work complies with the Building Code that applied at the time the building consents were granted.

This determination considers a council’s decision to issue a notice under section 133BT (a yellow placard) to restrict access to part of the property due to a slip.

The determination considers whether the council had the power under the Building Act to issue the notice, and the issue of the notice in relation to a slip at the rear of the property.

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.

This determination considers an authority’s decision to grant a building consent under section 72 of the Building Act 2004.

The authority’s decision gave rise to a natural hazard notice being entered on the record of title for the property where the building work was to take place.

This determination considers an authority's decision to grant a building consent under section 72 for a new building on land adjacent to a neighbouring property that is subject to the natural hazard of slippage.

The matter turns on whether the neighbouring land is intimately connected with the land on which the building work is being carried out. 

This determination considers an authority’s decision to refuse to issue a code compliance certificate for the construction of a two‐storey detached dwelling.

The determination considers the reasons for the refusal and whether they meet the requirements of section 95A of the Building Act 2004.

This determination considers an authority’s decision to grant an application for a building consent amendment subject to a condition imposed under section 75(2).

The matter concerns building work which crosses the boundary between two allotments held by the same owners under one fee simple record of title.

This determination considers an authority’s decisions to issue two notices to fix.

The determination considers whether the owner’s house had undergone a change of use in contravention of sections 114 and 115 of the Building Act 2004.

It also considers whether two tents installed on the property were exempt from the requirement to obtain a building consent under Schedule 1 of the Building Act.