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2024/046: The issuing of two notices to fix for a newly constructed indoor playground

This determination considers decisions by an authority to issue two notices to fix regarding a newly constructed indoor playground comprising four separate structures. The determination considers the form and content of the notices, and whether there were grounds to issue the notices, including whether the building work was exempt from the requirement to obtain a consent, and whether the playground complies with Building Code Clause B1 Structure.

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2024/021: Regarding the issuing of a notice to fix for a partially completed new single storey residential building

This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.

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2018/033: Decision to issue notices to fix for the demolition of a building

This determination considers the authority’s decision to issue notices to fix for demolition work carried out without building consent.  The determination turns on whether the building is 'detached' and accordingly whether demolition of the building is exempt building work under Schedule 1.

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2025/002: An authority’s proposed refusal to grant a building consent for two multi-unit buildings in relation to the application of C/AS1 Part 5

This determination considers an authority’s proposed refusal to grant a building consent for two multi-unit buildings.

The determination considers the application of Acceptable Solution C/AS1 paragraph 5.1.1 for the proposed external wall design in relation to control of external fire spread.

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2015/015: The refusal to issue a code compliance certificate for a 16 year-old house with monolithic and brick veneer claddings

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed requirements for energy work certificates under section 94(3) of the Act, and producer statements.

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2015/001: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with mixed claddings

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed whether it is reasonable to grant a modification to durability provisions in Clause B2 of the Building Code.

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2025/032: Regarding the proposed refusal to grant a building consent amendment for the recladding of a relocated dwelling

This determination considers the proposed decision to refuse to grant a building consent amendment for the recladding of a relocated dwelling.

The determination considers whether the proposed amendment to retain existing timber window joinery alongside new plywood and batten cladding would comply with Building Code clause E2 External moisture to the extent required by the Building Act.

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2023/006: Regarding the compliance of a bracing design for a single-storey dwelling

This determination considers whether the bracing design for two external walls of a
single-storey timber-framed dwelling complied with the Building Code. In deciding this
matter, I have considered whether the bracing design complied with the means of
compliance stated in the building consent application, which was New Zealand
Standard NZS 3604:2011 Timber-framed buildings.

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2021/020: Regarding the refusal to issue a code compliance certificate for 23-year old alterations to a residential dwelling

This determination considers whether an authority was correct to refuse to issue a code compliance certificate for a building consent granted in 1998 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E1 Surface Water, and E2 External Moisture that applied in 1998.

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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: