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This determination considers two applications made for a certificate of acceptance for the recladding of an existing building: the work has been undertaken without a building consent having been issued. Both applications were declined by the authority. The determination considers the compliance of the work itself, the basis on which the work was done, and whether the authority was correct to decline the applications.

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.

Discussed whether the proposed pool barrier encompassing “the immediate pool area” complies with Clause F4 of the Building Code with regard to the size of the area and the activities that would take place within it. Other matters discussed whether the building consent would lapse two years after the date on which it was issued.

This determination considers an authority’s decision not to grant building consent to a leaseholder for alterations to part of a building, based on the authority’s view that the seismic performance of the whole building was required to be upgraded. The determination discusses the requirement in section 115 for a building undergoing a change of use to comply, as nearly as is reasonably practicable, with the provisions of the Building Code relating to structural performance.

This determination considers whether the authority was correct to refuse to grant a building consent for the construction of a number of retaining walls on a site with respect to ground water collected by drainage installed behind the walls. The determination considers whether the ground water collected falls within the definition of 'surface water' as it applies to Building Code Clause E1 Surface water.

This determination considers the purported refusal of a building consent for alterations to a commercial building. The determination considers how the provisions of the Act apply to the assessment of the proposed additional floors for the purpose of clause B1 Structure of the Building Code. The determination explores the difference in the tests set out in section 17 and s112 of the Act.

Note: This determination is subject to clarification

This determination considers the authority’s decision to issue a notice to fix for work carried out without building consent.  The determination turns on whether the structure is a ‘building’ under section 8 of the Building Act or is excluded from that definition by section 9 because it is a ‘boat ...used in navigation’.

This determination considers three cabins constructed for the use of sleeping accommodation at an ashram and whether the building work was exempt from the requirement to obtain building consent under Schedule 1. The determination discusses the definition of the term “dwelling” as it relates to Schedule 1(3)(d).