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Regarding the installation of a lift without building consent, and a request to remove the compliance schedule, for a multi-unit residential building.

This determination discusses considerations in granting building consent for an addition to an existing building where a change of use has occurred without approval and where building work had been carried out without consent when consent was required.

This determination discusses the code compliance of proposed wall and roof repairs in respect of interstitial condensation. The analysis took into account the expected occupancy of the units and factors affecting ventilation, the site and location, the past history of damage to the buildings, and the provisions proposed for reducing the risk of condensation.

The decisions in this determination were confirmed on appeal to the District Court. See: Beattie v Far North District Council (District Court, Whangarei, Judge de Ridder, 26 November 2010, CIV-2010-088-000109). Appeal judgment [PDF 1.74 MB, 8 pages]

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This determination considers the authority’s decision to issue a notice to fix for an alleged contravention of section 40 of the Act in relation to the construction of a deck.

This determination also considers whether the building work for the deck is exempt from the requirement to obtain a building consent under clause 24 of Schedule 1 of the Act.

This determination further considers the form and content of the notice to fix.