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Regulation 13 – Ensuring technical leadership

Building consent authorities must have a system to identify employees and contractors who are competent to provide technical leadership.

2026/035: An authority’s decision to grant a building consent under section 72 relating to a natural hazard of inundation

This determination is subject to appeal. This determination considers an authority’s decision to grant a building consent under section 72 resulting in an entry on the property title for the natural hazard of inundation. It considers whether adequate provision was made to protect the land, building work and other property.

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2026/031: An authority’s purported decision to refuse to grant a building consent for inundation

This determination considers the authority’s purported decision to refuse to grant a building consent for the construction of a new outbuilding on a property that is subject to the natural hazard of inundation. It considers whether the hazard is likely and whether adequate provision has been made to protect the land, building work and other property.

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2019/057: Regarding the issue of a notice to fix for building work carried out without a building consent and over a property boundary

This determination considers the decision to issue a notice to fix for the construction of a storage building made up of relocated shipping containers and a roof. The authority is of the view that building work has been carried out which required building consent and therefore there has been a contravention of Section 40. As the building crosses a boundary into an adjacent allotment, the authority is also of the view there has been a contravention of section 75. This determination also discusses whether the containers have undergone a change of use.

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2019/044: Regarding the code compliance of a domestic garage and driveway and the issue of a building consent and code compliance certificate

This determination considers the compliance of a domestic garage and driveway with Building Code Clause D1 Access routes, including whether their dimensions are appropriate for the intended use. It also considers whether the building consent authority was correct to grant the building consent and code compliance certificate, and whether a proposal to widen the garage doorway (from 2.31 m to 2.8 m) would result in compliance.

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2025/032: Regarding the proposed refusal to grant a building consent amendment for the recladding of a relocated dwelling

This determination considers the proposed decision to refuse to grant a building consent amendment for the recladding of a relocated dwelling. The determination considers whether the proposed amendment to retain existing timber window joinery alongside new plywood and batten cladding would comply with Building Code clause E2 External moisture to the extent required by the Building Act.

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2019/058: The durability of steel sub-floor bearers built under building consents issued on the basis of national multiple-use approvals

This determination considers whether galvanised steel bearers used in subfloor framing to four houses meet the required minimum 50-year durability period described in Building Code Clause B2.3.1(a). The building consents for the houses were in respect of work described in national multiple-use approvals issued under section 30F of the Act. The houses have been built and the authority has refused to issue the code compliance certificates for the as-built work because it is of the view the bearers do not comply with Clause B2 Durability.

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Consumer protection

When it comes to building and renovating in Aotearoa New Zealand, there are laws to protect you. Consumer protection measures are aimed at safeguarding people involved in residential building and renovation projects. It is essential that both you and your builder are aware of your rights and responsibilities to ensure a successful building or renovation experience. Find out what you can do to help the project run smoothly and what to do if things don't go to plan.

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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