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2024/061: Regarding a proposed notice to fix for the construction of a cable car building, two sets of stairways, and a toilet and shower building

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

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2020/030: Regarding the purported refusal to grant a building consent because of a dispute about the importance level of the building

This determination considers the authority's purported refusal to grant a building consent for proposed building work because the authority did not agree with the importance level proposed by the structural engineer. The determination discusses whether the subject building should be classified as Importance Level 2 or Importance Level 3 as set out in Australian/New Zealand Standard 1170.0. This standard is referenced by Verification Method B1/VM1, which is a means of compliance with Building Code Clause B1 Structure.

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Become a manufacturer under the BuiltReady Scheme

To become a manufacturer you need to contact a registered Modular Component Manufacturer Certification Body.

2019/007: The refusal of a code compliance certificate for 18-year-old additions and alterations to a house

This determination considers an authority’s refusal to issue a code compliance certificate for 18-year-old additions and alterations to an existing house.  The cladding had been changed from what was consented and the changed cladding had also been applied to the remainder of the existing building.  The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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2022/001: The authority's proposal to issue a notice to fix and whether a unit is a vehicle or building

Note: This determination was subject to appeal to the District Court, where one conclusion was confirmed and one conclusion was overturned. Appeal judgment  [PDF 6.4MB].

This determination considers whether a structure that has some features of a vehicle is a "building" under section 8 of the Building Act, and therefore whether the authority can issue a notice to fix for construction of the unit without building consent. The determination discusses factors to consider when deciding if the unit is a "vehicle", and if it is "immovable" and "occupied on a permanent or long-term basis".

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2018/046: Refusal to issue a code compliance certificate for alterations to a 16-year-old building

This determination considers the compliance of consented alterations carried out on an existing building for which an earlier code compliance certificate also had not been issued and where a significant portion of the existing building remained unaltered. The determination considers the authority’s reasons for declining the code compliance certificate for the work, and the provisions of section 115 (change of use) in relation to the work.

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2015/034: Authority's exercise of powers in refusing to issue a code compliance certificate for a 1 year-old house with profiled metal roof cladding

Discussed the council’s refusal to issue of a code compliance certificate where the as-built work differs from that consented and was also not in accordance with the Acceptable Solution E2/AS1 or the manufacturer’s details, particularly relating to ridge flashings installed to a profiled metal roof. The determination reviewed the compliance of the as-built work against the performance requirements of the Building Code.

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Required product details

Details of the new building product information requirement regulations and how they will benefit the building sector.

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: