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2025/046: Regarding an authority’s decision to issue a dangerous building notice

This determination relates to the authority’s decision to issue a dangerous building notice under section 124 arising from the use of the building and its fire safety features. The determination considers the features of the building in relation to the dangerous building test under section 121(1)(b) and, as the historical decision to record a change of use is in dispute, the evidence the authority had in recording a change of use in 2011.

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2024/054: The building code compliance and a failure to issue a notice to fix in relation to two tiled showers

This determination looks at building work to install two tiled showers to an existing dwelling. The matter being determined is whether there was a failure to issue a notice to fix in relation to this work. The determination considers if there was a requirement to obtain building consent before carrying out the work and whether the completed work complies with the requirements of Building Code Clause E3 Internal Moisture.

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2015/038: Regarding the refusal to issue a code compliance certificate for a 17 year-old house with stucco wall cladding

Discussed whether, given the age of the house, the authority could be satisfied that building work complied with the Building Code in relation to Clauses B1, B2 and E2 and modification of durability provisions to allow provisions to commence from the estimated date of substantial completion. Also that potential liability is not grounds for refusal to issue a code compliance certificate and modification of durability provisions.

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2015/084: Determination regarding the code compliance of fixings to plywood cladding on a 9-year-old house

This determination considers the compliance of nailing to plywood cladding to a house located in a sea spray zone: galvanised mild steel nails had been installed instead of stainless steel nails.  The determination considers the compliance of the plywood in relation to Building Code Clauses B1 Structure and E2 External moisture, and the remedial work done to date by the owner.

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Practice Advisory 8: Don’t be undone – anchor your spiral

It is important to anchor every section of spiral reinforcement in circular columns and piles, and properly splice ends.

2017/032: Regarding the issue of an insanitary building notice in respect of a dwelling

This determination concerns an insanitary building notice issued for a dwelling without potable water supplies or sanitary facilities and where the cladding was left incomplete for 10 years. The determination discusses who the notice should have been issued to, the remedies provided for in the notice, and whether the building is insanitary and on what grounds.

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Acceptable Solutions & Verification Methods

The Simple House Acceptable Solution is for single storey framed construction using limited roof spans and claddings.

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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