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2nd edition, amendment 6

D2 Mechanical installations for access – D2/AS1, D2/VM1, D2/AS2, D2/AS3. Second edition, Amendment 6.

2024/069: Regarding the compliance of building work with Building Code Clause E1 Surface water.

This determination considers whether the building work carried out at 189 Tanners Point Road relating to surface water collection and disposal complies with clause E1.3.1 as it relates to the protection of ‘other property’.

This turns on whether surface water collected or concentrated by buildings or sitework at 189 Tanners Point Road avoids the likelihood of damage or nuisance to 195 Tanners Point Road.

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2016/014: Regarding access and facilities for people with disabilities to a gym in an existing two-storey building

This determination considers whether a lift is required to a mezzanine level of a gym as part of alterations to the existing building, and the compliance of the alterations in respect of Clause G1 Personal hygiene and D1 Access routes. The determination considers the weighing of the benefits and sacrifices as part of the section 112 requirement for compliance as nearly as is reasonably practicable, and also discusses the area and occupancy of the mezzanine level.

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2020/029: Regarding the issue of a notice to fix for building work to a sprinkler system carried out without a building consent

This determination considers whether a territorial authority was correct to issue a notice to fix for building works that involved the alterations and modifications of an existing specified system – an automatic sprinkler system – where a building consent was not obtained prior to the works commencing. The determination also considers if the building works could have been undertaken in accordance with clause 10 of Schedule 1 of the Building Act.

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2020/017: Regarding the issue of a notice to fix in respect of the use of a trailer and timber wall

This determination considers whether the authority was correct to issue a notice to fix in circumstances where the placement of a trailer near a timber wall might enable a young child to gain access to the neighbour's pool. The matter turns on the interpretation of section 116B(1)(a) of the Building Act, which provides that it is an offence to use a building for a use for which that building is not safe.

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2018/037: Refusal to grant exemption from the requirement to obtain a building consent for proposed seismic strengthening work

This determination considers the authority’s refusal to grant an exemption from the requirement to obtain a building consent under Schedule 1(2)(a) for seismic strengthening work. The determination discusses the types of matters that an authority must turn its mind to when considering whether to grant an exemption and the information provided in this case that would allow the authority to consider an application for an exemption. 

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2018/032: Open risers in an existing building undergoing alterations

This determination considers the authority’s refusal to grant an amendment to a building consent for alterations.  The applicant seeks to remove the requirement to close risers to the single set of stairs providing access to the upper level.  The determination discusses the application of section 112(1)(a) in the circumstances, and the assessment of compliance with Clause D1 Access routes to the extent "as nearly as is reasonably practicable"

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2017/061: Proposed demolition of half a duplex building and the compliance of the remaining half

This determination considers whether there was sufficient evidence provided in a building consent application for the authority to grant the consent under section 49 of the Act where half of a duplex is proposed to be demolished. The determination considered whether the proposed building work complies with Clauses B1, B2, C3, E2, and H1 of the Building Code.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: