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This determination considers decisions by an authority to issue two notices to fix regarding a newly constructed indoor playground comprising four separate structures. The determination considers the form and content of the notices, and whether there were grounds to issue the notices, including whether the building work was exempt from the requirement to obtain a consent, and whether the playground complies with Building Code Clause B1 Structure.

This determination considers whether a building consent authority was correct to propose to refuse an amendment to a building consent. This was due to a dispute with the owner over the maximum allowable area of an intermediate floor used for the storage of materials associated with a manufacturing, servicing and repair business. The determination considers the change in the intended use of the building during the course of the building work from a “warehouse” to a “workshop”, the means of compliance, and the area of the intermediate floor.

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This determination considers the authority’s decisions to issue two notices to fix to the owner. The notices were issued in relation to several structures at the owner’s property, as well as sanitary fixtures located in the garage and carport, and for a change of use of the garage. The determination considers whether there were grounds to issue the notices to fix, the form and content of the notices (including the remedies), and the application of section 167 of the Building Act 2004.

This determination considers building work done without consent to an existing workshop in a commercial building: the building work included installing storage racks and internal partitions, and the installation of sanitary and kitchen facilities. The determination discusses whether the work was exempt from the need to obtain a building consent under Schedule 1 of the Building Act, and whether the building had undergone a change of use.

This determination considers the authority's decision to issue a notice to fix for a container arch structure that was constructed without building consent. The determination considers whether there was a contravention of section 40 of the Building Act 2004, which turns on whether the building work was exempt from the requirement for a building consent under clause 3A of Schedule 1. The determination also considers whether the owner is a specified person that has contravened the Building Act.

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

Note: The decisions in this determination were reversed on appeal to the District Court. See: Alan Dall v MBIE (District Court, Christchurch, 19 February 2020, CIV-2019-085-000404).

Read the appeal judgment.

This determination considers whether a unit on a trailer is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this. The determination discusses the definitions of building and vehicle under section 8 of the Building Act.