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2016/041: Proposed refusal to issue a code compliance certificate due to variations in level and surface tolerances

This determination considers the level and tolerances in surface finish to the concrete floor slab and consequential variations in the timber framing to a two-story house.  The determination considers the compliance of the slab in relation to loss of amenity under Clause B1 Structure, and the application of the appropriate standards cited in the building consent.

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Clauses C1 to C6 Protection from fire

Safety objectives for people, other property and firefighting applied to clauses C2 to C6 (Protection from fire) of the Building Code.

2016/003: Dispute about the issue of building consents and code compliance certificates and the building code compliance of building work for commerci

This determination considers the authority’s decision to issue building consents and code compliance certificates for commercial buildings with pre-cast concrete panels,  and whether the building work complied with Clause B1 of the Building Code. The determination also discusses the difference between an alternative solution and industry practice.

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2025/029: An authority’s decision to issue three notices to fix for building work done without a building consent.

This determination considers three notices to fix for building work that was carried out without building consent.  The determination considers whether the building work was exempt under Schedule 1 of the Act.

It also considers the form and content of the notices to fix, including the particulars of the contraventions and who the notices were issued to.

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2024/034: How the provisions of the Building Act apply to the structural performance of an existing building where additional floors are being added

This determination considers the purported refusal of a building consent for alterations to a commercial building. The determination considers how the provisions of the Act apply to the assessment of the proposed additional floors for the purpose of clause B1 Structure of the Building Code. The determination explores the difference in the tests set out in section 17 and s112 of the Act.

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2022/015: Regarding the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling

This determination considers the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling. This determination also considers whether to grant a modification of Clause F4.3.1, to permit a 1200mm change of level without a safety from falling barrier, in the circumstances of this case.

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2019/060: Regarding compliance with Building Code Clause B1 Structure of a multi-storey steel framed building

This determination considers the compliance of a recently-completed eight-storey steel framed building. Specific aspects of the completed frame had been brought to the notice of the authority, and the authority also questioned work carried out that varied from the approved consent. The determination considers the compliance of these matters in respect of Building Code Clause B1 Structure

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2017/055: Building consent granted for alterations to an existing building on land subject to a natural hazard without notification under section 73

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the building work constituted a major alteration and whether section 72 would apply even if the building work was not a major alteration. The determination also considered whether it was reasonable to grant a waiver of Clause E1.3.2.

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Practice Advisory 1: Bend the bar but not the rules

You must follow New Zealand Standard procedures if you are bending or rebending steel reinforcement.

2024/010: The decision to issue a notice to fix for sitework required to avoid the likelihood of damage to other property.

This determination considers the authority's decision to issue a notice to fix for siteworks carried out on 16A, 16B and 16C Gilfillan Street. The notice was issued for non-compliance with Building Code Clause B1.3.6. in relation to the requirement to avoid likelihood of damage to other property, being 14 and 14A Gilfillan Street.

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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: