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2025/003: Refusal to grant a building consent for the construction of a lift in an existing commercial building

This determination concerns an authority’s decision to refuse to grant an application for a building consent to install a new lift into an existing two‐storey commercial building. The determination considers the authority’s reasons for the refusal and whether the new lift complies with the Building Code clause D2 if required by clause D1.3.4. The determination will also consider whether to grant a waiver or modification in respect of those clauses.

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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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2023/006: Regarding the compliance of a bracing design for a single-storey dwelling

This determination considers whether the bracing design for two external walls of a single-storey timber-framed dwelling complied with the Building Code. In deciding this matter, I have considered whether the bracing design complied with the means of compliance stated in the building consent application, which was New Zealand Standard NZS 3604:2011 Timber-framed buildings.

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2023/021: The refusal to issue a code compliance certificate for a 21-year-old dwelling.

This determination considers the authority's decision to refuse to issue a code compliance certificate for a building consent for a dwelling with monolithic cladding. The authority raised concerns including in regards to Building Code clauses E2 External Moisture and B2 Durability.

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2025/041: An authority’s decision to grant a building consent under section 72 for building work on land subject to slippage

This determination considers an authority’s decision to grant a building consent under section 72. The determination considers the natural hazard provisions, including whether the land is subject or likely to be subject to the natural hazard of slippage, and whether to grant a modification of clause B1 Structure.

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G7 Natural light

Providing sufficient natural light for occupied spaces and appropriate visual awareness of the outside for occupants.

2017/055: Building consent granted for alterations to an existing building on land subject to a natural hazard without notification under section 73

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the building work constituted a major alteration and whether section 72 would apply even if the building work was not a major alteration. The determination also considered whether it was reasonable to grant a waiver of Clause E1.3.2.

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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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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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