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2024/004: Regarding the refusal to carry out a final inspection and issue a code compliance certificate for a 22-year-old house

This determination considers an authority's decision to refuse to issue a Code Compliance Certificate for a building consent granted in 2000 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E2 External moisture that applied in 2000.

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2020/011: Regarding the refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions

This determination considers an authority’s refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions principally for reasons to do with the performance of the building envelope. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code requirements in force when the building consent was issued.

2016/054: Regarding the decision to issue a code compliance certificate in respect of earthquake repairs to a house

This determination considers a request by the authority to reverse its decision to issue a code compliance certificate; the authority became aware that the building work was not compliant with the building consent or with the Building Code. The determination discusses the scope of the authority's powers in respect of withdrawing code compliance certificates, and concludes that this can only be done through a determination.

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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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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: