Search

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.

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.

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.

This determination considers whether the authority was correct in requiring an application for building consent or whether the proposed building work, to relevel the house foundations by injecting expanding resin, was exempt under Schedule 1.  The determination discusses the whether the expanding resin is a ‘comparable component’ in terms of the foundation system, and whether the proposed building work is a ‘substantial replacement’.

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. 

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.