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Note: The decisions in this Determination were confirmed on appeal to the High Court. See: Davidson v Palmerston North City Council (High Court, Palmerston North, 30 May 2008, CIV-2006-085-1462).

Appeal judgment [PDF 100 KB]

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This determination considers the authority’s decision to refuse to issue a code compliance certificate; the grounds for the refusal were the authority’s concerns regarding the performance of the exterior cladding in terms of weathertightness and durability. The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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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This determination discusses the code compliance of a 21 year-old house set in a rural location. The determination also considers building elements that have satisfied their required durability requirements under Clause B2 and the maintenance of such items.

This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.