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Report released about Tauranga City Council’s actions related to Bella Vista

A review report has been published about Tauranga City Council’s actions relating to the failed Bella Vista development.

Producer statements

A producer statement can be accepted as evidence of Building Code compliance, at the council's discretion.

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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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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2018/017: Compliance of an indoor swimming pool without a barrier

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of a pool that is wholly enclosed within a dwelling but that doesn’t have a physical barrier to restrict access by unsupervised children. The determination discussions the exemption from the requirement to have a barrier that was granted under the Fencing...

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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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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: