Previous determinations

This determination considers an authority's decision to refuse an application for a discretionary exemption from the requirement to obtain building consent, under clause 2 of Schedule 1 of the Building Act 2004. The determination considers the authority’s reasons for refusal, and whether a discretionary exemption can be considered after the building work has been completed.

This determination considers whether a metal pool barrier, with surrounding vegetation and gaps which are larger than 100mm, complies with section 162C of the Building Act. The determination discusses the various pathways to compliance, including the Fencing of Swimming Pools Act 1987, clause F4 of the Building Code applicable at the time pool was constructed, clause F9 of the current Building Code and Acceptable Solution F9/AS1.

This determination considers whether the proposed direct-fixed version of the plywood cladding system complies with Building Code Clause E2.3.2, specifically when considering the use of BRANZ Appraisal no 765 (2017) as evidence to show compliance. The scope of the appraisal requires a risk score of 0-6, as calculated in acceptable solution E2/AS1, and this determination assesses whether the proposed application falls within those bounds.

This determination considers whether a section of a residential pool barrier complies with section 162C of the Building Act 2004. In making this decision, the determination will consider the gaps in the metal fencing that forms part of the barrier as well as the hedging planted on the outside.

This determination considers the authority's decision to issue a notice to fix for a container arch structure that was constructed without building consent. The determination considers whether there was a contravention of section 40 of the Building Act 2004, which turns on whether the building work was exempt from the requirement for a building consent under clause 3A of Schedule 1. The determination also considers whether the owner is a specified person that has contravened the Building Act.

This determination considers the authority's proposed decision to refuse to issue a building consent for a pool house as compliance with clause F9 of the Building Code, Restricting access to residential pools, had not been demonstrated due to the lack of a barrier between the pool house and pool. The determination considers whether a pool house with bathroom, gym, changing facilities, kitchen/bar, lounge and roof deck, as well as rear patio area can be considered part of the immediate pool area.

This determination considers the authority's decision to not issue a notice to fix for a concrete slab foundation after complaints were made by the owner.

This determination is subject to appeal.

This determination discusses whether a pool barrier with surrounding vegetation complies with section 162C of the Building Act. It discusses the various pathways for compliance including the Fencing of Swimming Pools Act 1987 and clauses F4 and F9 of the Building Code. The determination also considers whether a waiver or modification is appropriate in the circumstances.

This determination considers the authority's decision to refuse to issue a code compliance certificate for a building consent for a dwelling with monolithic cladding. The authority raised concerns including in regards to Building Code clauses E2 External Moisture and B2 Durability.

This determination considers compliance for the depositing and collection of solid waste under Building Code Clause G15 Solid Waste for a new residential property development. The determination considers if the waste storage area proposed provides reasonable access for the depositing and collection of solid waste.