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This determination considers an authority’s decision to issue a notice to fix. The determination considers whether a change of use has occurred, the remedies in the notice, and whether section 167 of the Building Act applies.

This Determination was subject to appeal. The Determination was confirmed by the District Court.

Read the appeal judgement

This determination concerns an authority’s decision to issue a notice to fix for a pool barrier. The determination considers whether the pool barrier complies in relation to a storage box that is permanently located inside and close to the pool barrier.

It also considers the form and content of the notice to fix.

This determination considers compliance with E2 External Moisture and B2 Durability of three external cladding details that terminate above paved ground and channel drains.

The determination discusses the system's components and features and the management of external moisture.

This determination considers three notices to fix for building work that was carried out without building consent.  The determination considers whether the building work was exempt under Schedule 1 of the Act.

It also considers the form and content of the notices to fix, including the particulars of the contraventions and who the notices were issued to.

This determination considers an authority’s decision to issue a notice to fix for work it considered was building work carried out without a building consent when one was required.

The dispute centres on whether the work that was carried out is building work regulated under the Building Act and for which a notice to fix could be issued.

The determination also considers the form and content of the notice to fix.

This determination considers an authority’s decision to issue a notice to fix alleging the owners had contravened several provisions of the Act. The determination discusses the details in the notice and whether the owners were fully and fairly informed of the basis for the notice being issued.

This determination considers whether the tanking system, applied to a blockwork retaining wall on a residential house, complies with the weathertightness requirements of Building Code clause E2 External Moisture.

This determination considers whether a section of a residential pool barrier complies with section 162C of the Building Act 2004. In making this decision, the determination will consider the gaps in the metal fencing that forms part of the barrier as well as the hedging planted on the outside.

Concerns whether a pool barrier with a shade‐sail pole on the outside of, and within close proximity to, the pool barrier complies with Building Code Clause F9.3.3 and the matter will turn on whether the shade sail pole is a ‘permanent object or projection on the outside of the pool barrier’ that could ‘assist young children in negotiating the barrier’ as set out in Clause F9.3.3 of the Building Code