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Regarding the installation of a lift without building consent, and a request to remove the compliance schedule, for a multi-unit residential building.

This determination considers the authority’s decision to issue a compliance schedule for a telecommunications exchange structure.

The determination discusses whether the structure is part of, or related to, a network utility operator system and therefore not considered a ‘building’ for the purposes of the Act.

This determination considers the authority’s refusal to amend a compliance schedule to remove the fire-rated mezzanine floor from the schedule for an early childhood centre.

The matter turns on whether the fire-rated floor is a “fire separation” as that term is used in relation to specified systems.

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]

The determination considers whether the correct classified use for the proposed poultry sheds is "industrial" or "outbuilding", and whether the operational systems are specified systems and whether a compliance schedule is required.  It also considers whether the requirements for access and facilities for people with disabilities apply to the poultry sheds.