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Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).

Read appeal judgement [PDF 503KB].

This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.

This determination considers building work done without consent to an existing house: the building work included the replacement of insulation and external wall cladding, installation of jack trusses, and affixing cladding over an existing cladding. The determination discusses whether the building work was exempt from the need to obtain a building consent under Schedule 1 of the Building Act, the drafting of the notice to fix and the remedies, and whether a building consent authority can withdraw a notice to fix.

This determination considers the authority’s decision to issue a building consent that was issued in error. A building consent was granted for building work that had already been completed or was near completion when the consent was issued. 

This determination considers an authority’s decisions to issue three successive notices to fix alleging the same contravention. The determination discusses the details required in a notice to fix, and the obligations of authorities in issuing notices to fix.

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 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.