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2025/057: Compliance of part of a pool barrier on a property boundary with Building Code Clause F9

This determination considers whether part of a proposed pool barrier on a property boundary complies with Building Code Clause F9 – Means of restricting access to residential pools. The barrier consists of a 1.2m high timber fence on top of an existing retaining wall.

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2025/041: An authority’s decision to grant a building consent under section 72 for building work on land subject to slippage

This determination considers an authority’s decision to grant a building consent under section 72.

The determination considers the natural hazard provisions, including whether the land is subject or likely to be subject to the natural hazard of slippage, and whether to grant a modification of clause B1 Structure.

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2025/053: An authority’s decision to grant a building consent under section 72 and whether the building work constituted major alterations

This determination considers the authority’s decision to grant a building consent under section 72 of the Building Act, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work, was ‘major alterations’ for the purpose of the natural hazard provisions of the Act. 

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2025/019: The issue of a notice to fix for building work carried out without a building consent

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.

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2025/025: An authority’s decision to grant a building consent under section 72 and whether the building work was major alterations

This determination considers an authority’s decision to grant a building consent under section 72 of the Building Act 2004, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work was ‘major alterations’ for the purpose of the natural hazard provisions of the Act.

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2025/002: An authority’s proposed refusal to grant a building consent for two multi-unit buildings in relation to the application of C/AS1 Part 5

This determination considers an authority’s proposed refusal to grant a building consent for two multi-unit buildings.

The determination considers the application of Acceptable Solution C/AS1 paragraph 5.1.1 for the proposed external wall design in relation to control of external fire spread.

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2024/057: The compliance of one unisex toilet in a new industrial workshop building with clause G1.3.1 of the Building Code

This determination considers the number of sanitary fixtures required for a new industrial workshop building to comply with Building Code Clause G1 Personal Hygiene.

This determination discusses the building occupancy methods set out in Acceptable Solution G1/AS1 to determine the required number of sanitary fixtures.

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2024/031: Regarding the compliance of building work with Building Code clause E1.3.1 Surface water

This determination considers whether the building work carried out at 57 Pomona Road complies with E1.3.1 as it relates to the protection of ‘other property’ at 53 Pomona Road. This turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage to 53 Pomona Road.

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2024/021: Regarding the issuing of a notice to fix for a partially completed new single storey residential building

This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.

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2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent

This determination considers an authority's decision to refuse an application for a discretionary exemption from the requirement to obtain building consent, under clause 2 of Schedule 1 of the Building Act 2004. The determination considers the authority’s reasons for refusal, and whether a discretionary exemption can be considered after the building work has been completed.

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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: