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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.

This determination considers the authority’s refusal to grant a building consent in relation to a structure that uses large building components prefabricated offshore. The determination discusses what is and is not “building work” in relation to the scope of building consents that use prefabricated components, as well as authority’s abilities to assess compliance of components that are prefabricated offshore.

This determination concerns the refusal to issue a code compliance certificate on the grounds that the authority could not be satisfied that the building work complied with Clause B1 Structure.  The as-built work differed from that described in the building consent, which been supported by the specifications and design documentation for a proprietary construction system that was not used in the construction of the building.

This determination considers the authority’s decision to refuse to grant a building consent for alterations to an existing detached building. The determination considers the authority’s reasons for refusal and whether sufficient information was included in the building consent application for the authority to be satisfied that the provisions of the Building Code would be met if the building work were properly completed in accordance with the plans and specifications that accompanied the application.

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property. The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling. It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

This determination considers the decision by the authority to refuse to grant a building consent for work to disestablish an existing sprinkler system. The authority considered that there were outstanding issues regarding the fire load within the building, the proposed replacement warning system, and the fire rating requirements for the building. The determination discusses the outstanding issues at the time the building consent was refused, and the refusal letter issued by the authority.

This determination considers the authority’s decision to issue a building consent that was issued in error. A building consent was granted for building work that had already been completed or was near completion when the consent was issued.