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2025/058: An authority’s decision to issue a dangerous building notice, and whether the notice has been satisfied

This Determination is subject to appeal. This determination relates to an authority’s decision to issue a dangerous building notice for a building which the authority considers is dangerous in the event of a fire. The determination analyses the features of the building in relation to the dangerous building test under section 121(1)(b).   It considers whether the authority had grounds to issue the dangerous building notice under section 124, and the authority’s power of decision in relation to whether the notice has subsequently been satisfied.

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2024/061: Regarding a proposed notice to fix for the construction of a cable car building, two sets of stairways, and a toilet and shower building

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property. The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling. It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

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2015/014: Regarding the issue of a dangerous building notice for a house

Discussed whether a multi-unit dwelling had adequate fire safety features for the three residential units in the same dwelling, and whether the building was dangerous under section 121 (1)(b) of the Act. Discussed “occupancy” and whether a “change of use” had occurred. Also considered whether the building complied with the Building Code and the threshold at which at a building may be considered “dangerous” when it does not comply.An appeal was lodged against this determination.

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2026/018: The authority’s decision to grant a building consent in relation to the importance level of a building being structurally strengthened

This determination considers the authority’s decision to grant a building consent for seismic structural strengthening work on a commercial building where the building has been considered as Importance Level 2 in terms of structure. The determination considers whether there are any factors that would make it instead Importance Level 3.

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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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