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2015/025: Regarding conditions on a building consent for the recladding of a house

Discussed whether the authority was legally entitled to place conditions on a building consent, particularly regarding a “quality assurance plan” in respect of potential timber remediation.

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2023/023: Regarding the failure to issue a notice to fix for a concrete slab foundation.

This determination considers the authority's decision to not issue a notice to fix for a concrete slab foundation after complaints were made by the owner.

This determination is subject to appeal.

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2022/014: Authority’s decision not to issue a notice to fix for earthworks and a retaining wall

This determination considers whether the authority was correct to refuse to issue a notice to fix for site works that occurred over a period of years. The determination also considers the compliance of the work and status of the developer as a specified person.

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2017/079: Decision to issue notice to fix for building work

This determination concerns a return wall to a retaining wall built under a building consent; the return wall encroaches over the owners’ boundary into a neighbouring property.  The authority issued a notice to fix in respect of the return wall, as it is of the view it was a built without first obtaining an amendment to the consent.  The determination considers whether the notice to fix was correctly issued, and whether the return wall was a major or minor amendment to the building consent.

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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: