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This determination considers the authority’s decisions to refuse to issue a code compliance certificate for alterations to a house and to refuse to issue a certificate of acceptance in relation to the construction of a lean-to.

The determination considers the reasons given for the refusals, and whether they meet the respective requirements of sections 95A and 99A.

This determination discusses the interpretation of the natural hazard provisions in the Building Act 2004 (sections 71 to 74). The determination considers whether: building work amounts to "major alterations"; land on which the building work is to be carried out is likely to be subject to a natural hazard (specifically inundation); "adequate provision" has been or will be made to protect the land and building work.

This determination concerns an authority’s issue of five notices to fix for building work carried out on a rural property.  The determination considers the time the owner was given to respond to the notices, and the non-compliances identified in the notices against the compliance of the work concerned. The determination also discusses the limitation period in which an authority shall take enforcement action following the issue of a notice to fix.

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This determination was subject to a clarification

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Ratima v Tauranga District Council and Habitat for Humanity Limited (District Court, Tauranga, 10 February 2009, CIV-2008-070-000326).

Appeal judgment [PDF 34 KB]