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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.

Discussed as title and whether a comparison to the wharenui (marae buildings) exemption is appropriate. Also provides a general framework for modifications or waivers under section 67 of the Act, and methodology for deciding whether it is “reasonable” to grant a modification, for example, by reviewing the extent and possible consequence of the non-compliance with a specific performance clause, or reviewing for consistency with the purpose and principles of the Building Act.

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

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work. The determination discusses the approach to be taken in assessing alterations to existing buildings against the requirements of the Building Act, and applies this in respect of the proposed retrofitting of urea formaldehyde foam insulation to the 60 year-old weatherboard clad house.

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

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.