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2025/056: An authority’s decision to issue notices to fix relating to a change of use and building work carried out without a building consent

This determination considers an authority’s decision to issue three successive notices to fix relating to whether a house has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

This determination also considers whether the owner has carried out building work on a garage without first obtaining a building consent in contravention of section 40.

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2024/016: The issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures

This determination considers the issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures. The determination considers whether the building work was exempt from the requirement to obtain a building consent under Schedule 1, and whether adequate particulars were set out in the notice to fix (in regards to both section 40 and section 17). It also discusses several issues relating to the notice to fix framework.

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2019/057: Regarding the issue of a notice to fix for building work carried out without a building consent and over a property boundary

This determination considers the decision to issue a notice to fix for the construction of a storage building made up of relocated shipping containers and a roof. The authority is of the view that building work has been carried out which required building consent and therefore there has been a contravention of Section 40. As the building crosses a boundary into an adjacent allotment, the authority is also of the view there has been a contravention of section 75. This determination also discusses whether the containers have undergone a change of use.

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2026/002: An authority’s decision to issue a code compliance certificate for alterations to a kura building

This determination considers an authority’s decision to issue a code compliance certificate for alterations to a block of kura classrooms.

The determination considers whether certain building elements comply with the building consent and/or the Building Code.

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2025/039: Regarding a notice to fix issued for a unit the owners consider is a vehicle

This determination concerns the issue of a notice to fix for a unit the owners consider is a vehicle.

The unit was moved to the property and connected to services. The determination considers the content of the notice to fix issued for carrying out building work without building consent.

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2013/055: Regarding the issue of notices to fix in respect of two units and a deck

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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: