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This determination considers an authority’s decision to issue a notice to fix for a timber deck constructed without building consent in contravention of section 40.

The determination considers whether the work was exempt from the requirement to obtain building consent under clause 24 of Schedule 1 of the Building Act, turning on the height of fall from the deck.

This determination considers the authority’s purported refusal to issue a code compliance certificate for two sides of an above-ground pool acting as the pool barrier, which were not constructed in accordance with the building consent.  The determination discusses the compliance of the pool walls as a pool barrier with Clause F4 Safety from falling as the relevant Building Code clause at the time the building consent was issued.

This determination considers an authority's decision to grant a minor variation to a building consent regarding the substitution of external wall cladding products. The determination considers the criteria for granting a minor variation, whether the building consent is required to reflect the change in the external wall cladding, and if a new or amended certificate of design work is required

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 authority’s refusal to grant a building consent for alterations to an existing dwelling. The authority considered that the building consent could not be granted for a range of reasons, including a lack of documentation, construction details, and conflicting information in the plans. This determination considers the reasons for refusal set out by the authority in its letter.