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Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Beattie v Far North District Council (District Court, Whangerei, 2 December 2010, CIV-2010-088-000024).

Appeal judgment [PDF 1.54 MB]

This determination considers whether the construction of timber retaining walls complies with Building Code clauses B1 Structure and F5 Construction and Demolition Hazards as they relate to the protection of other property.

This determination considers the authority’s decision to issue a notice to fix for an alleged contravention of section 40 of the Act in relation to the construction of a deck.

This determination also considers whether the building work for the deck is exempt from the requirement to obtain a building consent under clause 24 of Schedule 1 of the Act.

This determination further considers the form and content of the notice to fix.

Note: This determination is subject to clarification

This determination considers the lifting of an insanitary building notice and whether the building in its current state is insanitary or dangerous.  The determination also considers whether two building consents should have been granted subject to notification of the natural hazard inundation, and whether a notice to rectify should have been for building work that was not compliant with the Building Code and for building work carried out without building consent.

This determination considers an authority’s decisions to grant a building consent and issue a code compliance certificate for construction of a dwelling.

The determination turns on whether the design and construction of the timber pile foundations comply with Building Code Clause B1 Structure.

Discussed the issue of a code compliance certificate without wording to record that a modification of Clause B2.3.1 had been made, and whether there is a requirement under the Act for modifications of the Building Code to be noted on the code compliance certificate.

This determination concerns the authority's request to reverse its decision to issue a code compliance certificate on the grounds that the certificate was issued in error because the final inspection had identified that the building work was not compliant.