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Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.This determination considers the compliance of a pool barrier with section 162C of the Building Act 2004 and clause F9 of the Building Code (Means of restricting access to residential pools). The determination concerns a section of a boundary fence where it adjoins other fences. Together...

This determination considers whether building work to construct a new retaining wall close to the boundary between two properties complies with Building Code clauses B1 Structure and E1 Surface water that have the purpose of protecting other property.

Note: This decision was partly confirmed on appeal to the District Court. See Tauranga City Council v Wadell [2026] NZDC 7006. Read the appeal judgment This determination considers the authority’s decision to issue a building consent under section 72 for alterations to a dwelling on a property that is subject or likely to be subject to the natural hazard of inundation by flooding. It considers whether adequate provision to protect the land for flooding has been made.

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