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This determination considers the authority's decision to issue a notice to fix. The matter concerns alleged contraventions with Building Code clause E2 External moisture, building work carried out other than in accordance with a building consent, and the timeframe and remedies in the notice.

Note: The determination was subject to appeal but this was dismissed by the Court. See: H Davis v Ministry of Business Innovation and Employment [PDF 179 KB] (District Court, Auckland, 30 July 2015, CIV-2015-004-00009)

This determination considers whether a building consent authority correctly issued a notice to fix in relation to two relocated units. The units, which are on wheels, were built in another district and then transported to the applicant’s property. The determination looks at whether building work requiring a building consent was carried out at the property. 

This determination considers the authority’s decision to issue a notice to fix for contravention of section 40 in respect of the installation of sanitary fixtures and a hot water cylinder in a commercial building. The determination discusses whether the works carried out are exempt from requiring a building consent under Schedule 1 of the Building Act.

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).

This determination considers whether a retaining wall on two properties complies with the provisions of Building Code Clause B1 Structure following strengthening work and additions, and whether an associated surface water management system complies with Clause E1 Surface water for the protection of other property.

This determination is subject to appeal​.

The determination will consider whether the constructed head flashings to weatherboard claddings where the stop ends extend past the cladding line comply with E2.3.2 to prevent the penetration of water that could cause undue dampness and damage by way of an alternative solution. 

This determination considers whether the authority was correct to issue a notice to fix for three modified shipping containers transported to site and joined together to form a shed. The determination considers the definition of "building" and "building work", and discusses the content of the notice to fix.

This determination considers an authority’s decision to issue a notice to fix alleging the owners had contravened several provisions of the Act. The determination discusses the details in the notice and whether the owners were fully and fairly informed of the basis for the notice being issued.