Search

This determination considers a request by the authority to reverse its decision to issue a code compliance certificate; the authority became aware that the building work was not compliant with the building consent or with the Building Code. The determination discusses the scope of the authority's powers in respect of withdrawing code compliance certificates, and concludes that this can only be done through a determination.

This determination was sought by the building consent authority to reverse a code compliance certificate in order to address an administrative error. The authority had incorrectly issued the code compliance certificate specifically excluding an element of building work that had been approved in the building consent.

This determination considers an authority’s decision to refuse to withdraw two notices to fix, which the owners believe had been satisfied by reverting to the building’s original use.

The determination turns on whether letting the house for short-term holiday accommodation to single groups constitutes a change of use from SH (Sleeping Single Home) to SA (Sleeping Accommodation).

This determination considers the authority’s decision to refuse to issue a code compliance certificate based onits concerns regarding the weathertightness and durability of the exterior envelope. The determination reviewed the reasons given for the refusal and the authority's actions in regards to its inspection, and considered whether the building work complies with the Building Code.

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.

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.

Note: The decisions in this determination were reversed on appeal to the District Court. See: Environment Waikato v Sutherland (District Court, Wellington, 01 March 2011, CIV-2010-085-000629).

Appeal judgment [PDF 241 KB]