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2016/010: Regarding the issue of a notice to fix and whether a houseboat is a building

This determination considers the authority’s exercise of its powers of decision in issuing a notice to fix for a houseboat used as temporary accommodation. The determination turned on whether the houseboat is a building under the Building Act 2004 and provides for some guidance around when a boat falls within the building regulatory regime.

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2019/047: Regarding the issue of a notice to fix for the relocation of two buildings

This determination considers a building consent authority’s exercise of its power of decision in issuing a notice to fix for the relocation of two buildings and the installation of a wastewater system.  The determination discusses the contraventions for which the notice was issued, who the notice was issued to, and how the provisions of the Building Act apply when a building is relocated.

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2024/051: Compliance of roof cladding on a house with clause E2 External moisture

This determination considers whether a roof cladding system as installed on a house complies with Building Code Clause E2 External moisture.

Specifically, the determination considers how the perimeter edges of the profile metal cladding have been finished where it overhangs the gutters, along with the associated eaves flashing.

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2024/026: The authority’s decision to issue a notice to fix in relation to a retaining wall

This determination considers the authority's decision to issue a notice to fix for the construction of a retaining wall. The determination considers whether there were grounds to issue the notice to fix (including whether the building work was exempt from the requirement to obtain a consent), and the form and content of the notice to fix.

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2021/016: Regarding the decision to issue a notice to fix for a retaining wall

This determination considers the authority's decision to issue a notice to fix relating to a retaining wall surrounding a tennis court in a rural location. In making this decision the determination will consider the south and west sections of the retaining wall and whether the building work done to these sections falls under clause 41 of Schedule 1 of the Act.

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2016/018: Regarding the issue of a notice to fix for a two-cell earthship building

This determination considers whether a two-celled rammed earth building constructed without consent was exempt under Schedule 1 and whether the authority was correct to issue a notice to fix. The determination discusses the remedies provided for in the notice, and discusses issues relating to an application for a certificate of acceptance.

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2016/029: Regarding the issue of a notice to fix for three cabins constructed without building consent

This determination considers three cabins constructed for the use of sleeping accommodation at an ashram and whether the building work was exempt from the requirement to obtain building consent under Schedule 1. The determination discusses the definition of the term “dwelling” as it relates to Schedule 1(3)(d).

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2025/033: An authority’s decision to issue a notice to fix for the construction of roof flashings and external wall cladding

This determination considers an authority’s decision to issue a notice to fix regarding building work carried to construct ‘roof flashings and wall cladding systems’ at a new two-storey detached dwelling.

The determination considers the form and content of the notice to fix including the specified persons to whom it was issued, the particulars of contravention or non-compliance, and the associated remedy.

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2025/029: An authority’s decision to issue three notices to fix for building work done without a building consent.

This determination considers three notices to fix for building work that was carried out without building consent.  The determination considers whether the building work was exempt under Schedule 1 of the Act.

It also considers the form and content of the notices to fix, including the particulars of the contraventions and who the notices were issued to.

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2025/014: An authority’s decision to issue a notice to fix for a detached toilet building

This determination considers a notice to fix alleging the owner has carried out building work without building consent in contravention of section 40 of the Building Act.

The determination considers the exemption contained in clause 7 of Schedule 1 of the Act, the evidential threshold required for a notice to fix to be issued, and the remedies in the notice.

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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: