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2024/014: Compliance of a stormwater tank near a property boundary with Building Code clauses concerning fire affecting other areas

This determination considers whether a stormwater tank near a property boundary is required to comply with performance clauses C3.6 and C3.7 of Building Code Clause C3 Fire affecting areas beyond the fire source.  

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2024/001: Regarding the issue of a dangerous and affected building notice for a residential dwelling

This determination considers an authority's decision in issuing a dangerous and affected building notice for a dwelling. The determination considers the status of the building at the time the notice was issued and takes into account all the information that is now available.

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2025/020: Council’s decision to issue a yellow placard under section 133BT of the Building Act due to a slip

This determination considers a council’s decision to issue a notice under section 133BT (a yellow placard) to restrict access to part of the property due to a slip.

The determination considers whether the council had the power under the Building Act to issue the notice, and the issue of the notice in relation to a slip at the rear of the property.

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2017/053: Refusal to issue a code compliance certificate for a 20-year-old house clad with rusticated fibre-cement weatherboards

This determination is concerned with the compliance of the building envelope to a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/046: Refusal to issue a code compliance certificate for a house with EIFS cladding completed under the supervision of a building certifier

This determination is concerned with the compliance of the building envelope to a 15-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/021: Decision to issue a code compliance certificate for a then 9-year-old house with earth brick walls

This determination is concerned with the durability of pressed earth brick external walls in a 19-year-old building and considers whether the authority was correct to issue the code compliance certificate.

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2016/055: Regarding the refusal to issue a code compliance certificate for a 14-year-old house with EIFS cladding

This determination concerns the compliance of a 14-year-old house with EIF cladding. This determination considers the authority’s reasons for refusing to issue the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2019/019: Regarding the code-compliance of a proposed residential pool barrier

This determination considers whether the barrier to a swimming pool complies with Clause F9 – Means of restricting access to residential pools of the Building Code. This includes an assessment of the compliance of sliding doors that form part of the barrier to the swimming pool.

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2018/033: Decision to issue notices to fix for the demolition of a building

This determination considers the authority’s decision to issue notices to fix for demolition work carried out without building consent.  The determination turns on whether the building is 'detached' and accordingly whether demolition of the building is exempt building work under Schedule 1.

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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: