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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 The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017.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 whether automatic pool covers that comply with the ASTM Standard F1346-91 comply with Clause F9 (Restricting access to residential pools) of the Building Code and section 162C of the Building Act. The determination also discusses waivers and modifications, and exemptions that have been...

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

This determination considers an authority’s decision to refuse to provide written notice for a change of use under section 115 of the Building Act.

The proposed change of use was refused because the authority considered a building consent application was required.

The determination also considers whether the installation of fire-rated linings and associated framing is exempt building work under Schedule 1 of the Act. 

This determination looks at building work to install two tiled showers to an existing dwelling.

The matter being determined is whether there was a failure to issue a notice to fix in relation to this work.

The determination considers if there was a requirement to obtain building consent before carrying out the work and whether the completed work complies with the requirements of Building Code Clause E3 Internal Moisture.

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 considers the authority’s decision to refuse to issue a building consent for alterations to an existing earthquake-prone building.  The alterations were for an internal fitout on the ground floor of the three-storey commercial building.  The determination considers the authority’s policy on earthquake-prone buildings in relation to the proposed work, and some matters in relation to the policy itself.  Detailed discussion on the policy will follow in a further determination.