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2024/031: Regarding the compliance of building work with Building Code clause E1.3.1 Surface water

This determination considers whether the building work carried out at 57 Pomona Road complies with E1.3.1 as it relates to the protection of ‘other property’ at 53 Pomona Road. This turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage to 53 Pomona Road.

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2017/068: Amendment to a building consent for an apartment building with tiled decks

This determination considers the authority's refusal to grant an amendment to a building consent for remediation of tiled decks. The matter turns on whether the acoustic mat as part of the proposed tiling system will comply with Clauses G6 and B2.

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2015/020: Dispute over an amendment to a building consent to use uPVC window and door joinery to a house

Discussed whether the application for amendment to consent contained accurate and adequate information to demonstrate compliance with B1 Structure, B2 Durability and E2 External Moisture of the Building Code as an alternative solution.

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2026/017: The issue of a certificate of acceptance for a shower room and building code compliance of the work

This determination concerns the decision of the authority to issue a certificate of acceptance for the installation of a new shower room in an existing dwelling. The determination considers whether the building work complies with Building Code Clause E3 – Internal moisture and Building Code Clause G13 - Foul Water.

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2022/003: Compliance of proposed alterations to a dwelling by way of Acceptable Solutions B1/AS1 and E2/AS3

This determination considers whether two items of proposed building work comply with the relevant Acceptable Solutions. Item 1 concerns reinforcing bars to reinforce a concrete floor slab and whether the proposal complies with Acceptable Solution B1/AS1 for Building Code Clause B1 Structure. Item 2 concerns the use of a damp-proof membrane as waterproofing for a 1060mm high retaining wall and whether the proposal complies with Acceptable Solution E2/AS3 for Building Code Clause E2 External Moisture.

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2026/040: An authority’s decision to issue a notice to fix in relation to a building warrant of fitness obligations

This determination concerns a notice to fix issued for a failure to supply a building warrant of fitness in contravention of section 108 of the Building Act.  The determination considers the form and content of the notice to fix, and whether the building is being used wholly as a single household unit and so would not require a compliance schedule.

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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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