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Discussed as title and whether a comparison to the wharenui (marae buildings) exemption is appropriate. Also provides a general framework for modifications or waivers under section 67 of the Act, and methodology for deciding whether it is “reasonable” to grant a modification, for example, by reviewing the extent and possible consequence of the non-compliance with a specific performance clause, or reviewing for consistency with the purpose and principles of the Building Act.

This determination considers the modification of a building consent issued for five detached dwellings; four dwellings were completed and one was not.  The owners of the four completed dwellings applied to the authority to modify the consent so the incomplete dwelling and the four completed dwellings each had their own consent, thus enabling a code compliance certificate to be issued in respect of the four completed dwellings.

This determination considers the authority's refusal to split a building consent, for building work to construct five townhouses that has already been completed, to allow one owner to pursue a code compliance certificate separately from the other owners.  The determination discusses the framework for considering an application to split a building consent issued under the Building Act 1991, and whether assessment for compliance occurs when the consent is split or when a code compliance certificate is applied for.