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2025/045: Whether a body of water is a pool under the Act and whether the barrier must comply with the Building Code

This determination considers whether a body of water is a residential pool for the purposes of the Act, and so whether it must have a pool barrier that complies with the Building Code to the extent required by section 162C of the Building Act.

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2025/043: The authority’s decision to issue a notice to fix for a change of use

This determination is about a notice to fix issued for a change of use of a building without prior approval from the authority.

The determination considers whether the building’s use had changed for the purposes of the Building Act and whether the notice had been issued to a specified person.

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2025/050: An authority’s decision to issue 21 insanitary building notices for small, detached buildings used as accommodation

This determination considers an authority’s decision to issue insanitary building notices in respect of 21 small buildings.

The determination discusses whether the buildings were insanitary under section 123 of the Building Act at the time the notices were issued, and the content of the notices in terms of sections 124 and 125.

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2025/039: Regarding a notice to fix issued for a unit the owners consider is a vehicle

This determination concerns the issue of a notice to fix for a unit the owners consider is a vehicle.

The unit was moved to the property and connected to services. The determination considers the content of the notice to fix issued for carrying out building work without building consent.

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2025/004: Compliance of a step on an access route to a toilet facility

This determination considers the compliance with Building Code Clause D1 Access Routes of an external step to a toilet facility constructed as part of a new warehouse building. 

The determination considers whether the step is on an access route and whether it complies with clause D1.3.3(i).

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2019/055: Regarding the authority’s decision to issue a building consent with a section 37 certificate attached, for a proposed building

This determination considers the decision by the authority to issue a building consent with a section 37 certificate attached.  The determination discusses what the section 37 test ‘will or may materially affect building work’ means.

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2019/033: Regarding the refusal to issue a code compliance certificate for a 22-year old house

This determination considers the authority’s refusal to issue a code compliance certificate where the building work was carried out without required inspections.  The determination considers the compliance of three areas identified by the authority in its refusal.

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2019/029: Regarding the compliance of a retaining wall and associated sitework with Clause B1 Structure

This determination is concerned with the compliance of a timber retaining wall with Building Code Clause B1 Structure. The determination considers whether the wall once completed will comply with Building Code Clause B1 Structure, and whether the authority was correct not to issue a notice to fix in relation to the retaining wall.

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2018/009: Refusal to issue a code compliance certificate in respect of remedial work to decks

This determination considers the compliance of the remedial work carried out to eight decks. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2018/004: Refusal to issue a code compliance certificate for an 11-year-old house with monolithic cladding

This determination is concerned with the compliance of an 11-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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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: