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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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Building Amendment Bill introduced to Parliament

The Building Amendment Bill proposes reforms to New Zealand's building system, including changes to liability settings, consenting processes and research funding. The reforms are designed to make building easier, faster and more affordable, while supporting a more efficient construction sector and stronger protections for homeowners.

2024/053: An authority’s decision to grant a building consent under section 72 on land that is subject to a natural hazard

Note: This decision was partly confirmed on appeal to the District Court. See Tauranga City Council v Wadell [2026] NZDC 7006.

Read the appeal judgment

This determination considers the authority’s decision to issue a building consent under section 72 for alterations to a dwelling on a property that is subject or likely to be subject to the natural hazard of inundation by flooding.

It considers whether adequate provision to protect the land for flooding has been made.

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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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2025/013: The issue of a notice to fix for building work carried out without building consent

This determination is subject to appeal.

This determination considers an authority’s decision to issue a notice to fix for work it considered was building work carried out without a building consent when one was required.

The dispute centres on whether the work that was carried out is building work regulated under the Building Act and for which a notice to fix could be issued.

The determination also considers the form and content of the notice to fix.

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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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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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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: