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Discussed as title and whether a comparison to the wharenui (marae buildings) exemption is appropriate. Also provides a general framework for modifications or waivers under section 67 of the Act, and methodology for deciding whether it is “reasonable” to grant a modification, for example, by reviewing the extent and possible consequence of the non-compliance with a specific performance clause, or reviewing for consistency with the purpose and principles of the Building Act.

This determination considers an authority's refusal to consent to a change of use for an existing building intended to be used as seasonal worker accommodation, on the basis that the building does not make reasonable and adequate provision for access and facilities for people with disabilities. The determination considers the authority's reasons for the refusal and the interrelationship between the change of use provisions and the requirement to provide access and facilities for persons with disabilities to and within buildings. Note: The decision of this Determination was upheld on appeal to the District Court. See: CIV-2019-070-001005 - Western BOP DC v Limmer & NZ Kiwifruit Growers Inc.pdf

This determination considers whether a two-level Unit, in an existing commercial building, would comply with the Building Code without a Type 4 alarm system. The existing alarm system was installed as part of a building consent application, after an intermediate floor in the unit was enlarged in area. The determination considers whether the evacuation time allows occupants to move to a place of safety in the event of fire.