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2020/018: Regarding the compliance of a pool barrier and whether the authority was correct to grant an exemption for its construction

This determination considers the authority's decision to grant a discretionary exemption from the requirement to obtain building consent for the construction of a section of pool barrier. The determination also considers the compliance of the new section of pool barrier with Clause F9 of the Building Code (Means of restricting access to residential pools).

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2015/021: Regarding the refusal to issue an exemption under Schedule 1(2) for plumbing and drainage work

Discussed the nature and complexity of building work and the relative competencies of those carrying out the work in relation to whether an exemption for building consent should be granted under Schedule 1(2), and the need for independent quality assurance systems and checks against the Building Code.

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2021/029: Regarding the authority’s refusal to grant an exemption from building consent

This determination considers whether the authority was correct to refuse to grant a discretionary exemption under Schedule 1(2) for additional plumbing fixtures and the insulation of an external wall. The determination discusses what an authority considers when deciding to grant a discretionary exemption under Schedule 1(2).

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2026/008: The authority’s decision to issue a notice to fix for a building constructed without building consent

This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40 of the Building Act 2004, relating to building work carried out without building consent.

The determination focuses on whether the building work required building consent, in particular whether the work was exempt under Schedule 1, clause 3B, with specific consideration of the meaning of “not more than 1 storey” and the relationship between the floor level and the supporting ground.

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2018/013: Decision to require a building consent for the installation of a frost fan

This determination considers whether a frost fan falls within the definition of "building", and whether building consent is required for its installation.  The determination also discusses exemptions under Schedule 1 of the Building Act and the authority's requirement for an electrical works certificate

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2025/014: An authority’s decision to issue a notice to fix for a detached toilet building

This determination considers a notice to fix alleging the owner has carried out building work without building consent in contravention of section 40 of the Building Act.

The determination considers the exemption contained in clause 7 of Schedule 1 of the Act, the evidential threshold required for a notice to fix to be issued, and the remedies in the notice.

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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: