Search

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.

Discussed whether the prefabricated unit is a vehicle, and whether it falls within the definition of a building under section 8 (1) (a) of the Building Act. Also discussed whether the relocation of the unit constituted building work and could be subject to a notice to fix.

This determination relates to the construction of a new residential building. The determination considers three matters: the issue of a building consent, whether the authority failed to exercise a power of decision to issue a notice to fix, and compliance with Clause B1 Structure of proposed remedial building work.

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 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 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 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.