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2023/020: Regarding compliance of the depositing and collection of solid waste.

This determination considers compliance for the depositing and collection of solid waste under Building Code Clause G15 Solid Waste for a new residential property development. The determination considers if the waste storage area proposed provides reasonable access for the depositing and collection of solid waste.

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2022/027: Regarding the decision by the authority to issue a notice to fix for work carried out to a large dam

This determination arises from the authority's decision to issue a notice to fix for work carried out to a large dam without a building consent for the contravention of section 40. The owner and the authority disagree on the scope of works that required building consent.

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2022/029: Regarding the refusal to issue a code compliance certificate for a 17-year-dwelling

This determination arises from the authority's decision to refuse to issue a code compliance certificate for a 17-year-old dwelling. This determination considers whether there is sufficient compliance with clauses E2 and B2 of the New Zealand Building Code.

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2023/001: Regarding the compliance of specific elements of a swimming pool barrier

This determination considers elements of a pool barrier and their compliance with section 162C of the Building Act 2004. Those elements were constructed, installed, or erected prior to s162C coming into force, as part of a wider set of alterations at the property.

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2022/022: Regarding the decision to issue a notice to fix and whether a unit is a building

This determination considers whether the authority was correct in the exercise of its power of decision to issue a notice to fix for what the authority considers is building work that required a building consent. In order to make this determination I have considered whether a unit is a 'building' under section 8 of the Building Act 2004. The determination also considers whether the notice to fix was defective.

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2021/027: Regarding the authority’s refusal to grant building consents for the construction of new residential dwellings

This determination considers whether the authority was correct in its purported refusal of three building consent applications for proposed dwellings under sections 49 and 50 of the Building Act 2004. The determination discusses the authority's reasons for refusal, and whether the authority was correct to refuse the applications for the reasons given.

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2021/003: The refusal to issue a code compliance certificate for 20-year-old additions and alterations to a 50-year-old house

This determination considers an authority’s refusal to issue a code compliance certificate for 20-year-old additions and alterations due to concerns about compliance with the Building Code. The determination considers the authority’s reasons for refusal and whether those items identified by the authority are compliant with the Building Code.

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2020/033: The refusal to issue a code compliance certificate for historical building work to construct an outbuilding

This determination concerns the authority's decision to refuse to issue a code compliance certificate for construction of an outbuilding that was later converted to a sleepout. The determination considers the compliance of the building work identified by the authority in its reasons for refusing to issue the code compliance certificate.

2019/039: Regarding the exposure zone for building work located near a tidal estuary

This determination considers what is the appropriate exposure zone for a house located near a tidal estuary and the protection that is required to the brick ties used to secure the brick cladding.  The authority considered that the house was located in exposure Zone D which required stainless steel ties to be used.

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2019/010: Regarding the code compliance of an intertenancy wall in an apartment building with respect to sound transmission

This determination considers the level of sound attenuation to a wall between two units in an apartment building.  The level of sound attenuation is less than that required in the relevant Verification Method for Clause G6 Airborne and impact sound 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: