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2020/028: Regarding the compliance of a pool barrier with Building Code Clause F9 Means of restricting access to residential pools

This determination considers the compliance of a new pool barrier with Building Code Clause F9 Means of restricting access to residential pools. The determination discusses the parts of the barrier consisting of boundary fences and junctions with internal sections of the barrier, and trees on the inside of the boundary fences.

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2019/068: Regarding the issue of an earthquake-prone building notice for a multi-unit, multi-storey apartment building

This determination considers the issue of an earthquake-prone building notice for a six storey reinforced concrete residential building.  The determination considers the process the authority followed in issuing the notice, and process as prescribed in the legislation and the earthquake-prone building methodology.

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2019/059: Regarding the issue of a building consent with a section 73 condition

This determination considers whether the building consent should have been issued subject to a section 73 condition, which requires notification of a natural hazard to be placed on the land title. The determination considers whether the land is subject to a natural hazard, and whether the building work was a ‘major alteration’. 

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2019/050: Regarding the issue of notices to fix in respect of building work to convert an existing shed and sleep-out to a self-contained unit

This determination considers the issue of a notice to fix in regard to building work carried out to convert an existing shed and sleep-out into a self-contained unit. The determination considers whether the authority was correct to issue the notice to fix, and whether a change of use had occurred. 

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2015/072: Regarding the compliance with the Building Code of repairs to the foundations of an earthquake damaged house

This determination considers the compliance of the building work carried out with Clauses B1 and B2, and discusses whether there is an obligation to comply with Clause E1.3.2 of the Building Code when repairs are carried out to foundations. The determination also discusses whether the building work carried out was exempt under Schedule 1.

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2015/071: Regarding the refusal to issue a code compliance certificate for an 11 year-old extension and alterations to an existing house

This determination considers the compliance of the building work carried out with Clauses B1 and B2, and discusses whether there is an obligation to comply with Clause E1.3.2 of the Building Code when repairs are carried out to foundations. The determination also discusses whether the building work carried out was exempt under Schedule 1.

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2015/064: Authority's exercise of powers of decision in refusing to grant consent for an addition to an existing building

This determination discusses considerations in granting building consent for an addition to an existing building where a change of use has occurred without approval and where building work had been carried out without consent when consent was required.

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2015/063: Regarding the refusal to issue code compliance certificates for 2 adjoining houses with monolithic cladding

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age.

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2015/059: Regarding the building importance level of two proposed buildings at a hospital

This determination discusses the application of importance levels in the seismic loading standard AS/NZS 1170 for two new hospital buildings as a means of compliance with B1/VM1 in relation to Clause B1 of the Building Code.

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2015/027: Regarding the issue of a code compliance certificate for 11 year-old additions and alterations to a house with monolithic cladding

Discussed the issue of a code compliance certificate without wording to record that a modification of Clause B2.3.1 had been made, and whether there is a requirement under the Act for modifications of the Building Code to be noted on the code compliance certificate.

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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: