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2023/013: Regarding the refusal to grant an amendment to a building consent to allow a substitute roofing membrane

This determination considers whether the authority was correct to refuse to grant an amendment to the building consent for the substitution of one roofing membrane product for another. This determination also considers whether this substitution would have constituted a minor variation to the building consent.

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2024/024: Authority’s refusal to modify a building consent for two relocatable detached dwellings to allow for separate code compliance certificates

This determination considers an authority's decision to refuse to modify a building consent for two relocatable dwellings built in a factory by administratively splitting it to allow for individual code compliance certificates to be issued.

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2022/008: Compliance of a timber retaining wall with Building Code clauses B1 Structure and E1 Surface Water that provide protection of other property

This determination considers whether building work to construct a new retaining wall close to the boundary between two properties complies with Building Code clauses B1 Structure and E1 Surface water that have the purpose of protecting other property.

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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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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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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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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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2019/020: The refusal to issue a code compliance certificate for a 16-year-old house with monolithic cladding

This determination considers an authority’s refusal to issue a code compliance certificate for a 16-year-old house principally for reasons to do with the performance of the building envelope. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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2018/052: Whether an automatic pool cover complies with Building Code Clause F9

This determination considers whether the use of an automatic pool cover will comply with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination discusses waivers and modifications, and the provision for automatic pool covers for small heated pools.

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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: