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Formal complaints

Options for pursuing a problem, from determinations to formal complaints.

2017/061: Proposed demolition of half a duplex building and the compliance of the remaining half

This determination considers whether there was sufficient evidence provided in a building consent application for the authority to grant the consent under section 49 of the Act where half of a duplex is proposed to be demolished. The determination considered whether the proposed building work complies with Clauses B1, B2, C3, E2, and H1 of the Building Code.

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2024/036: The proposed refusal to issue a code compliance certificate for a house

This determination concerns the authority’s proposed refusal of a code compliance certificate. The determination considers whether the building work complies with the building consent, and whether particular elements of the building work comply with the relevant clauses of the Building Code.

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2017/048: Decision to grant a building consent subject to notification under section 73 for building work on land subject to a natural hazard

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the conditions under section 71(2) had been met and the consent could be issued without notification under section 73. Adequate provision had been made to protect the building work from the natural hazard (inundation) and the building work would not accelerate, worsen, or resulting in a natural hazard, but no provision had been made to protect the land.

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2017/024: Conditions on a consent for independent construction monitoring and certification in regard to recladding of apartments

This determination considers whether there was sufficient information provided in the building consent application and available to the authority as part of its own inspections, without the independent construction monitoring and certificate for the cladding system, to allow the authority to be satisfied on reasonable grounds that the building work woudl comply with the relevant clauses of the Building Code if the building work was carried out in accordance with the plans and specifications.

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2025/017: An authority’s decision to grant a building consent under section 72

This determination considers an authority’s decision to grant a building consent under section 72 of the Building Act 2004. The authority’s decision gave rise to a natural hazard notice being entered on the record of title for the property where the building work was to take place.

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About CodeMark

CodeMark is a voluntary scheme that shows a building product or method meets the requirements of the Building Code.

2019/064: Regarding a proposed notice to fix and whether work carried out is building work

This determination considers the authority’s proposal to issue a notice to fix for work that the authority considers constitutes building work that required building consent.  The issue concerns an abode that has been constructed using a trailer and that the owner contends is a vehicle and not a building.  The matter turns on whether the work carried out was work for or in connection with the construction of a building.

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2022/023: Regarding decisions relating to two building consents issued for building work

This determination considers the decision making on two building consents and a code compliance certificate where the building work was carried out to the dwelling under separate building consents at the same time.

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2025/053: An authority’s decision to grant a building consent under section 72 and whether the building work constituted major alterations

This determination considers the authority’s decision to grant a building consent under section 72 of the Building Act, which meant that a natural hazard notice was entered on the property’s record of title. The determination considers whether the building work, was ‘major alterations’ for the purpose of the natural hazard provisions of the Act. 

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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:

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