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Discussed whether adequate provision was proposed to protect the building work from inundation and whether periodic flooding would affect building elements in relation to Clauses B1 and B2 of the Building Code.

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]

Discussed whether masonry walls complied with Clause B1 of the Building Code that was in force at the time the consent was granted. Related to building work that was carried out without inspections, and whether there was sufficient evidence to establish compliance.

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 considers the compliance of a pool barrier that incorporates a balcony balustrade. In determining whether the barrier achieves the compliance with Clause F9 Means of Restricting Access to Residential pools of the Building Code, the determination assesses the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.