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Showing 521-530 of 1000 results for consent exemption
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2016/041: Proposed refusal to issue a code compliance certificate due to variations in level and surface tolerances

This determination considers the level and tolerances in surface finish to the concrete floor slab and consequential variations in the timber framing to a two-story house.  The determination considers the compliance of the slab in relation to loss of amenity under Clause B1 Structure, and the application of the appropriate standards cited in the building consent.

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2025/056: An authority’s decision to issue notices to fix relating to a change of use and building work carried out without a building consent

This determination considers an authority’s decision to issue three successive notices to fix relating to whether a house has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

This determination also considers whether the owner has carried out building work on a garage without first obtaining a building consent in contravention of section 40.

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2019/067: The decision to grant a building consent subject to notification under section 73 for a site adjacent to a coastal estuary

This determination considers whether land adjacent a coastal estuary is subject to a natural hazard; the hazard being inundation by rising sea level and by surface water flooding.  The applicants have built a house on the land under a building consent issued with section 73 condition.  The house has been specifically designed to mitigate the potential effects of any flooding on the building and the land.

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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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2021/001: Regarding the refusal to grant a building consent for the conversion of part of a building from a carpark to a nightclub

This determination considers an authority’s decision not to grant building consent to a leaseholder for alterations to part of a building, based on the authority’s view that the seismic performance of the whole building was required to be upgraded. The determination discusses the requirement in section 115 for a building undergoing a change of use to comply, as nearly as is reasonably practicable, with the provisions of the Building Code relating to structural performance.

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2020/031: Regarding the purported refusal to issue a building consent for the construction of retaining walls and associated drainage

This determination considers whether the authority was correct to refuse to grant a building consent for the construction of a number of retaining walls on a site with respect to ground water collected by drainage installed behind the walls. The determination considers whether the ground water collected falls within the definition of 'surface water' as it applies to Building Code Clause E1 Surface water.

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2019/047: Regarding the issue of a notice to fix for the relocation of two buildings

This determination considers a building consent authority’s exercise of its power of decision in issuing a notice to fix for the relocation of two buildings and the installation of a wastewater system.  The determination discusses the contraventions for which the notice was issued, who the notice was issued to, and how the provisions of the Building Act apply when a building is relocated.

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2017/052: Refusal to issue a certificate of acceptance for recladding a 22-year-old building

This determination considers two applications made for a certificate of acceptance for the recladding of an existing building: the work has been undertaken without a building consent having been issued. Both applications were declined by the authority. The determination considers the compliance of the work itself, the basis on which the work was done, and whether the authority was correct to decline the applications.

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2017/028: Refusal to grant building consent for the retrofitting of blown mineral fibre insulation in an 80-year-old brick veneer clad house

This determination concerns the retro-fitting of blown mineral fibre insulation into an existing house and the authority’s decision to refuse to grant building consent.  The determination considers the grounds for the authority’s decision, and whether there are now reasonable grounds to be satisfied that the building after the alterations will comply with the Building Code to the extent required by section 112 of the Act.

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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: