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2024/009: Regarding the issue of a code compliance certificate for a detached dwelling and outbuilding

This determination was sought by the building consent authority to reverse a codecompliance certificate that was issued in error. The code compliance certificateincludes building work that had not been constructed.

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2023/011: Regarding the refusal to grant a building consent for alterations to an existing building

This determination considers an authority’s exercise of power of decision to refuse to grant a building consent for proposed alterations of an existing building. The determination considers the reasons given by the authority for the refusal, including the requirement for a peer review of the earthquake strengthening element of the building work.

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2020/030: Regarding the purported refusal to grant a building consent because of a dispute about the importance level of the building

This determination considers the authority's purported refusal to grant a building consent for proposed building work because the authority did not agree with the importance level proposed by the structural engineer. The determination discusses whether the subject building should be classified as Importance Level 2 or Importance Level 3 as set out in Australian/New Zealand Standard 1170.0. This standard is referenced by Verification Method B1/VM1, which is a means of compliance with Building Code Clause B1 Structure.

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2024/025: An authority’s decision to grant building consents under section 72

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

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2025/015: Refusal to issue a code compliance certificate for a 27-year old house due to concerns around compliance with BC clauses B2 and E2

The authority has refused to issue a code compliance certificate for building work carried out pursuant to building consent because it is not satisfied that the cladding system that formed part of the building work complied with clauses B2 and E2 of the Building Code at the time it was constructed. The authority’s formal refusal letter, when read together with an accompanying email referring to the reasons for refusal, had provided sufficient reasons for refusing to issue the code compliance certificate. 

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2023/038: The authority's decision to issue a notice to fix for weathertightness remedial work to a 17-year-old building

This determination considers the authority's decision to issue a notice to fix. The matter concerns alleged contraventions with Building Code clause E2 External moisture, building work carried out other than in accordance with a building consent, and the timeframe and remedies in the notice.

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Early childhood education centres

Some ways for Early Childhood Education and Care Centres to meet Building Act and Ministry of Education requirements.

2023/009: Regarding a proposal to issue a notice to fix and whether thirteen transportable units are vehicles or buildings

This determination considers an authority’s proposal to issue a notice to fix for what it considers is building work that has been carried out without building consent. The matter concerns transportable dwellings, and the determination considers whether these are vehicles or buildings that come within the ambit of the Building Act. Note: This determination was subject to appeal. The Determination was confirmed by the District Court.  Read the appeal judgement

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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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