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This determination considers completed remedial work to a house. The work was consented, but work that was intended to be done as an amendment to the consent was completed by the owner before the amendment was approved by the authority. The code compliance certificate issued by the authority excluded the amended work, which was regularised through the issue of a certificate of acceptance. The owner disputed the exclusion of the amended work from the code compliance certificate.

This determination considers an authority’s decision to refuse to grant a building consent for upgrade works to a dam under section 71 of the Building Act 2004. This matter turns on whether the threshold in section 71(1) is met.

This determination considers the compliance of consented work for the relocation of an existing building onto a new site and alterations to the building.  The authority refused to issue the code compliance certificate for the work because of concerns over the performance of a membrane roof to a new extension built as part of the relocation consent. 

This determination considers the compliance of a consented building where there was delay in completing the consented work.  The determination considers the authority’s reasons for declining to issue the code compliance certificate for the work; the authority’s reasons were principally concerned with the building’s compliance with Building Code Clause E2 — External moisture.

Note: Determination 2022/028 was modified under section 211(1)(a) of the Building Act 2004 by the District Court on 25 July 2023 in [2023] NZDC 15205. Read the judgement.

This determination considers whether the authority was correct in its exercise of powers of decision to refuse to grant a building consent for alterations to an existing detached dwelling, and its subsequent decision to issue a notice to fix. In deciding these matters, I have also considered whether the building work could have been carried out urgently in advance of obtaining a building consent, and whether the owners are now required to apply for a certificate of acceptance.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of an existing pool barrier that incorporates a number of sliding wall panels and for which a code compliance certificate had previously been issued. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building...

Note: This determination is subject to appeal.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of an existing pool barrier that incorporates brick columns and walls and sections of metal fencing, and hedges. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building...