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2018/037: Refusal to grant exemption from the requirement to obtain a building consent for proposed seismic strengthening work

This determination considers the authority’s refusal to grant an exemption from the requirement to obtain a building consent under Schedule 1(2)(a) for seismic strengthening work. The determination discusses the types of matters that an authority must turn its mind to when considering whether to grant an exemption and the information provided in this case that would allow the authority to consider an application for an exemption. 

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2022/020: Regarding the issue of a notice to fix and the refusal to issue two discretionary exemptions under schedule 1(2)

This determination considers the authority's decision to issue a notice to fix for building work carried out in contravention of section 40 of the Building Act (building work not to be carried out without building consent). In deciding this, consideration is given to whether the building work falls within the exemption outlined in Schedule 1(7) of the Act. This determination also considers the authority's decision to refuse to issue two discretionary exemptions applications under Schedule 1(2) of the Act (exemption from the requirement to obtain a building consent.

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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: