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2017/057: Refusal to issue a code compliance certificate for a 20-year-old house with EIFS wall cladding

This determination is concerned with the compliance of 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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2017/034: Refusal to issue a code compliance certificate for a townhouse in a 24-year-old building with monolithic cladding

This determination concerns the compliance of a 24-year-old townhouse. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the townhouse complies with the requirements of the Building Code.

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2016/059: Regarding the compliance of uPVC window and door joinery installed to a house

This determination considers the compliance of a substituted uPVC joinery product that is the subject of an application to amend a building consent. The determination discusses the evidence base and consequences of failure.

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2017/013: Refusal to issue a code compliance certificate for 11-year-old additions and alterations to a house

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 house complies with the requirements of the Building Code.

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2015/017: Regarding the refusal to issue a code compliance certificate for 12 year-old alterations to a house with stucco wall cladding

Discussed whether the stucco wall cladding as installed complies with Clause B2 and E2 of the Building Code. Also discussed whether a modification of durability provisions is appropriate.

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2011/069: Regarding conditions to a building consent and the use of a building

Note: The determination was subject to appeal but this was dismissed by the Court. See: The Wanaka Gym v Department of Building and Housing [PDF 93 KB] (District Court, Queenstown, 6 September 2012, CIV-2011-059-000225)

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2010/003: Refusal to issue a building consent for cladding remediation work to a house and garage building

The decisions in this determination were confirmed on appeal to the District Court. See: Beattie v Far North District Council (District Court, Whangarei, Judge de Ridder, 26 November 2010, CIV-2010-088-000109). Appeal judgment [PDF 1.74 MB, 8 pages]

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2025/006: The decision to issue a notice to fix for a change of use of a building

This determination considers an authority’s decision to issue a notice to fix under section 164 of the Building Act 2004.

The determination turns on whether there has been a ‘change of use’ of a building for the purposes of the Act.  

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2024/055: An authority’s decision to refuse to grant a building consent for dam upgrade works under section 71

This determination considers an authority’s decision to refuse to grant a building consent for upgrade works to a dam under section 71 of the Building Act 2004. This matter turns on whether the threshold in section 71(1) is met.

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2023/034: An authority's decision to issue a notice to fix for a change of use of a building

This determination considers an authority’s decision to issue a notice to fix under section 164 of the Building Act 2004. The determination turns on whether there has been a 'change of use' of a building or part of the building for the purposes of the Act.

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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: