Previous determinations

This determination considers the authority’s decision to issue a notice to fix for an existing pool on an offshore private island that does not have a physical barrier to restrict access by unsupervised young children. The determination considers whether the owner is required to comply with section 162C of the Building Act 2004 and whether a waiver is appropriate in the circumstances. 

This determination considers whether the building work carried out at 57 Pomona Road complies with E1.3.1 as it relates to the protection of ‘other property’ at 53 Pomona Road. This turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage to 53 Pomona Road.

This determination considers the authority’s decisions to issue two notices to fix for a retaining wall constructed by a previous owner of the neighbouring property. The determination considers whether there were grounds to issue the notices to fix to the applicant, and the form and content of the notices.

This determination considers an authority’s decision to issue a dangerous and affected building notice for a dwelling. The determination considers whether the identified 'defects' meant the dwelling was a dangerous or affected building at the time the notice was issued. This decision takes into account all the information that is now available.

This determination considers an authority's decision to refuse to modify a building consent for two relocatable dwellings built in a factory by administratively splitting it to allow for individual code compliance certificates to be issued.

This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.

This determination considers the authority’s decision to issue a notice to fix for contravention of section 40 in respect of the installation of sanitary fixtures and a hot water cylinder in a commercial building. The determination discusses whether the works carried out are exempt from requiring a building consent under Schedule 1 of the Building Act.

This determination considers whether a stormwater tank near a property boundary is required to comply with performance clauses C3.6 and C3.7 of Building Code Clause C3 Fire affecting areas beyond the fire source.  

This determination considers an authority's purported decision to refuse to grant a building consent for an alteration to an existing workshop on a residential property. The determination considers whether a change of use is occurring with the proposed building work to create a sleep-out.

This determination considers the authority's decision to issue a notice to fix for siteworks carried out on 16A, 16B and 16C Gilfillan Street. The notice was issued for non-compliance with Building Code Clause B1.3.6. in relation to the requirement to avoid likelihood of damage to other property, being 14 and 14A Gilfillan Street.