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2024/018: Regarding the refusal to grant a building consent for alterations to replace the external cladding of a dormer roof and window

This determination looks at the authority’s decision to refuse to grant a building consent for alterations to an existing multi-unit dwelling due to a dormer wall not being fire rated. The determination considers whether fire rating the wall is necessary to meet the requirements of section 112(1)(b) of the Building Act.

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2024/005: The authority’s decision to issue a code compliance certificate for a swimming pool

The determination considers the decision to issue a code compliance certificate for a swimming pool that required a barrier to restrict access by unsupervised young children. This determination considers the compliance of a pool barrier in relation to clause F4 of the Building Code that was in force at the time the building consent was granted.

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2017/044: Refusal to issue a code compliance certificate for a 14-year-old house

This determination is concerned primarily with the compliance of the building envelope to a 14-year-old house with autoclaved aerated concrete cladding. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code that was in force at the time the building consent was issued.

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2025/030: An authority’s decisions to issue notices to fix for building work carried out without a building consent

This determination considers two successive notices to fix alleging the owner has carried out building work in a sleepout without first obtaining a building consent in contravention of section 40 of the Building Act.

The determination discusses the form and content of the notices, including whether the details were correct and the timeframes were reasonable.

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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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2021/027: Regarding the authority’s refusal to grant building consents for the construction of new residential dwellings

This determination considers whether the authority was correct in its purported refusal of three building consent applications for proposed dwellings under sections 49 and 50 of the Building Act 2004. The determination discusses the authority's reasons for refusal, and whether the authority was correct to refuse the applications for the reasons given.

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2017/075: Code-compliance of decks to a house

This determination considers the compliance of a deck to wall junction with minimal or no gap. The determination discusses the weathertightness risk and whether the cladding is likely to be subject to solar-driven moisture from the deck, and the variation from the building consent.

 

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2017/029: Refusal to issue a code compliance certificate for a 16-year-old house with plywood cladding

This determination is concerned with the compliance of repairs proposed to the external building envelope and considers whether the authority was correct to refuse to grant an amendment to the building consent. The determination also considers the authority’s refusal to issue the code compliance certificate.

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2016/061: Regarding aluminium window and door joinery installed to a house

This determination considers the compliance of an alternative solution using imported window and door joinery and the associated fixing and installation. The determination discusses the available technical information and the use of proposed testing to support the building consent amendment application.

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2020/006: Regarding the decision to grant a building consent for alterations to a house

This determination considers whether the authority was correct to grant a building consent where the submitted plans were inaccurate. The determination also considers the role of the authority in keeping building related records.

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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: