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2018/012: Refusal to issue two code compliance certificates for alterations and additions to a house

This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents.  The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.

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2017/086: Refusal to grant exemption from the requirement to obtain a building consent for recladding a house

This determination considers whether the authority was correct to refuse to grant an exemption under Schedule 1(2) for work to reclad a house. The determination also discusses whether the cladding was likely to be exempt from the requirement for a building consent under Schedule 1(1).

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2021/004: Regarding the proposed decision to grant a building consent conditional on a natural hazard being recorded on the property title

This determination discusses the correct interpretation of the natural hazards provisions in the Building Act (sections 71 to 74). It considers whether measures to mitigate a rockfall natural hazard constitute “adequate provision” to protect the land and buildings from the hazard.

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2020/021: Regarding the refusal to issue a code compliance certificate for the replacement of waterproofing membranes and tiles to concrete decks

This determination considers whether the changes to a decking system to an existing building in a retirement village constitute a minor variation to the building consent issued for remedial work to the building. The determination considers whether the as-built decking system is compliant and examines the variation against the guidance issued by the Ministry on minor variations.

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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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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: