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2026/023: An authority’s decision to refuse to issue a notice to fix for building work to construct a retaining wall

This determination concerns an authority’s decision to refuse to issue a notice to fix for building work associated with a retaining wall. The determination considers whether the building work (including sitework) carried out on the boundary of several properties complies with clause B1.3.6 of the Building Code as it relates to avoiding the likelihood of damage to other property.

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2025/041: An authority’s decision to grant a building consent under section 72 for building work on land subject to slippage

This determination considers an authority’s decision to grant a building consent under section 72. The determination considers the natural hazard provisions, including whether the land is subject or likely to be subject to the natural hazard of slippage, and whether to grant a modification of clause B1 Structure.

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2010/003: Refusal to issue a building consent for cladding remediation work to a house and garage building

The decisions in this determination were confirmed on appeal to the District Court. See: Beattie v Far North District Council (District Court, Whangarei, Judge de Ridder, 26 November 2010, CIV-2010-088-000109). Appeal judgment [PDF 1.74 MB, 8 pages]

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2024/059: An authority’s refusal to withdraw two notices to fix issued in relation to a change of use

This determination considers an authority’s decision to refuse to withdraw two notices to fix, which the owners believe had been satisfied by reverting to the building’s original use. The determination turns on whether letting the house for short-term holiday accommodation to single groups constitutes a change of use from SH (Sleeping Single Home) to SA (Sleeping Accommodation).

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2016/023: Authority's exercise of its powers in respect of a building consent application and compliance of proposed bracing system for a building

This determination considers a proposed bracing system designed by the applicant and whether the authority had sufficient information in order to establish on reasonable grounds that the building work would comply with the requirements of the Building Code.

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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:

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