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2017/067: Notice to fix for three shipping containers transported to site and joined together for use as a shed

This determination considers whether the authority was correct to issue a notice to fix for three modified shipping containers transported to site and joined together to form a shed. The determination considers the definition of "building" and "building work", and discusses the content of the notice to fix.

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2024/035: The purported refusal to grant a building consent for a skillion roof and whether it complies with E2.3.5 by way of E2/AS1

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

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2024/026: The authority’s decision to issue a notice to fix in relation to a retaining wall

This determination considers the authority's decision to issue a notice to fix for the construction of a retaining wall. The determination considers whether there were grounds to issue the notice to fix (including whether the building work was exempt from the requirement to obtain a consent), and the form and content of the notice to fix.

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2024/002: The issue of a notice to fix for building work on an existing building’s foundation

This determination relates to a notice to fix where the authority considered that building work had been undertaken without a building consent and not in accordance with the building code, breaching Sections 40 and 17 of the Building Act 2004. The determination considers whether the building work was exempt from the requirement to obtain building consent, and discusses the remedies provided for in the notice.

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2020/023: The refusal to issue a code compliance certificate for building work

This determination considers the authority's decision to refuse to issue a code compliance certificate for a new dwelling because it was not satisfied that the completed work complied with the Building Code. The compliance decision rested on the authority's view it was unable to accept producer statements from an engineer who had inspected the completed work; the statements are in respect of the verification of the ground bearing and the completion of a surface water soakage trench.

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2020/018: Regarding the compliance of a pool barrier and whether the authority was correct to grant an exemption for its construction

This determination considers the authority's decision to grant a discretionary exemption from the requirement to obtain building consent for the construction of a section of pool barrier. The determination also considers the compliance of the new section of pool barrier with Clause F9 of the Building Code (Means of restricting access to residential pools).

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2018/026: Issue of a notice to fix in respect of building work undertaken without building consent

Note: This determination is subject to clarification

 

This determination considers a notice to fix issued for the rebuilding, without a building consent, of a small extension or lean-to attached to a house. The matter turns on whether the components or assemblies replaced in the rebuilding of the structure were in the same position such that they were exempt under Schedule 1from the requirement for a consent, and whether the notice to fix was correctly issued.

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2016/056: Regarding the refusal to issue a code compliance certificate for a house due to changes in its structural system

This determination concerns the refusal to issue a code compliance certificate on the grounds that the authority could not be satisfied that the building work complied with Clause B1 Structure.  The as-built work differed from that described in the building consent, which been supported by the specifications and design documentation for a proprietary construction system that was not used in the construction of the building.

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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: