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2019/027: Regarding building work compliance with Clause E1 Surface water and grant of a building consent and code compliance certificate

This determination concerns sitework carried out by the applicant’s neighbour and whether this is likely to cause damage or nuisance to the applicant’s property in breach of Clause E1 Surface water.  The determination also considers whether the authority was correct to grant a building consent and a code compliance certificate for this work.

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2017/022: Refusal to grant a waiver of Clause C3.4(b) of the Building Code in respect of the use of an artificial turf floor surface lining

This determination considers the compliance of the artificial turf flooring with Clause C3.4(b) of the Building Code. The determination discusses the allowances within the Acceptable Solutions for non-compliant surface finishes, and whether there are reasonable grounds to issue a waiver of the building consent in respect of the artificial turf.

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2022/022: Regarding the decision to issue a notice to fix and whether a unit is a building

This determination considers whether the authority was correct in the exercise of its power of decision to issue a notice to fix for what the authority considers is building work that required a building consent. In order to make this determination I have considered whether a unit is a 'building' under section 8 of the Building Act 2004. The determination also considers whether the notice to fix was defective.

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2020/029: Regarding the issue of a notice to fix for building work to a sprinkler system carried out without a building consent

This determination considers whether a territorial authority was correct to issue a notice to fix for building works that involved the alterations and modifications of an existing specified system – an automatic sprinkler system – where a building consent was not obtained prior to the works commencing. The determination also considers if the building works could have been undertaken in accordance with clause 10 of Schedule 1 of the Building Act.

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2019/059: Regarding the issue of a building consent with a section 73 condition

This determination considers whether the building consent should have been issued subject to a section 73 condition, which requires notification of a natural hazard to be placed on the land title. The determination considers whether the land is subject to a natural hazard, and whether the building work was a ‘major alteration’. 

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2019/022: Regarding the decision to issue a code compliance certificate in respect of surface water drains to a house

This determination considers the compliance of an as-built surface water drainage system to a new house.  The system as consented did not provide a compliant solution and the work as installed is not considered to be compliant by the building owner.

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Implied contract terms

Implied contract terms for building work that is more than $30,000 if you have an oral or incomplete contract.

2025/009: Granting of a building consent amendment with a section 75(2) condition

This determination considers an authority’s decision to grant an application for a building consent amendment subject to a condition imposed under section 75(2).

The matter concerns building work which crosses the boundary between two allotments held by the same owners under one fee simple record of title.

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Understanding remote inspections

MBIE has developed guidance with steps to support building consent authorities looking to adopt remote inspections.

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: