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2016/015: Regarding the refusal to issue a certificate of acceptance for remedial work to the membrane roof and parapets of a house

This determination considers the authority’s decision to refuse to issue a certificate of acceptance for remedial work to a membrane roof and parapets. The determination reviews the reasons given for the refusal and discusses the lack of inspections, the information that was before the authority at the time of its decision, and whether the building work was exempt from the requirement to obtain a building consent.

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2015/005: The refusal to issue a code compliance certificate for a 12 year-old house completed under the supervision of a building certifier

Where a building certifier registered under the former Act ceased operating before the code compliance certificate was issued. Discussed whether there is sufficient evidence to establish the building work complies with the Building Code that applied at the time the building consent was granted, and what is the appropriate regulatory action by the authority and what certificate is to be issued.

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2024/022: Regarding a notice to fix for alterations to a commercial building

This determination considers the authority’s decision to issue a notice to fix for contravention of section 40 in respect of the installation of sanitary fixtures and a hot water cylinder in a commercial building. The determination discusses whether the works carried out are exempt from requiring a building consent under Schedule 1 of the Building Act.

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2019/009: Regarding the compliance of proposed carpet flooring to a laundry in an attached garage

This determination considers the compliance of proposed carpet flooring to a laundry space within an attached garage. The authority refused to issue the building consent for the proposal because of concerns the use of carpet in a laundry does not prevent water from penetrating behind linings, and does not avoid the likelihood of fungal growth or the accumulation of contaminants.

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2017/063: Whether a barrier is required for a retaining wall to a residential property

This determination considers whether a barrier is required to a retaining wall in order to comply with Clause F4 safety from falling, and the authority's intention to issue a notice to fix. The determination also discusses whether building work completed after the code compliance certificate was issued required building consent or whether it was exempt.

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2024/050: Regarding compliance with the Building Code and the issue of a code compliance certificate for building work associated with a new dwelling

This determination considers the decision to issue a code compliance certificate for a building consent to construct a dwelling.

The determination also considers compliance with the Building Code of a deck, surface water drainage system in the vicinity of that deck and the foundation walls with Clauses B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture.

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2015/008: Regarding the refusal to issue a code compliance certificate for 18 year-old additions and alterations to a house

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 maintenance to external envelope to ensure it protects the underlying structure for the minimum required life of 50 years, and the modification of durability periods.

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2025/003: Refusal to grant a building consent for the construction of a lift in an existing commercial building

This determination concerns an authority’s decision to refuse to grant an application for a building consent to install a new lift into an existing two‐storey commercial building.

The determination considers the authority’s reasons for the refusal and whether the new lift complies with the Building Code clause D2 if required by clause D1.3.4. The determination will also consider whether to grant a waiver or modification in respect of those clauses.

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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: