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2017/077: Whether retaining walls require barriers to comply with Clause F4

This determination considers whether the retaining walls without barriers would comply with Clause F4 Safety from falling. The determination also discusses whether the building work to erect the barriers was exempt from the need for a building consent under Schedule 1.

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2025/029: An authority’s decision to issue three notices to fix for building work done without a building consent.

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.

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2014/050: The issue of a notice to fix requiring removal of a conservatory to the upper level of a house

Discussed whether the building work classified as an exemption under Schedule 1 (17; 15) of the Act including whether the building work constituted a conservatory, porch or veranda, what definitions exist for these phrases and whether the building work was on the ‘ground or first-storey level’. Also discussed if the building work classified for an exemption under Schedule 1(2) of the Act.

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2023/005: Regarding the decision to issue a notice to fix for modifications to a shipping container

The matter to be determined, under section 177(1)(b) and (2)(f), is whether the authority was correct in its decision to issue a notice to fix for the owners’ structure. In deciding this matter, I must consider whether the structure was exempt from requiring a building consent under Schedule 1 of the Act, and whether the authority had sufficient evidence to consider on reasonable grounds that the building work did not comply with the Building Code.

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2025/018: The authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent

This determination considers the authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent. The determination considers whether the building work was exempt from requiring a building consent under clause 4 of Schedule 1, which applies to unoccupied detached buildings. The determination also considers the form and content of the notice.

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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:

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