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2024/046: The issuing of two notices to fix for a newly constructed indoor playground

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.

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2024/056: An authority’s decision to issue a notice to fix in relation to building work at a residential property

This determination considers an authority’s decision to issue a notice to fix in relation to several items of building work.

The determination considers whether the building work was exempt from the requirement to obtain a building consent.

The determination also considers the remedies in the notice to fix, and other points raised relating to the notice to fix provisions in the Building Act.

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2021/002: Regarding the proposed refusal of an amendment to a building consent relating to an intermediate floor in a new building

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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2026/020: A decision to issue a notice to fix for building work carried out without a building consent

This determination considers a notice to fix issued in relation to building work carried out to construct two huts and associated structures without a building consent.

The determination discusses whether, at the time the notice was issued, the building work was exempt from the requirement to obtain a building consent under Schedule 1 of the Act, and the form and content of the notice.

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2025/012: The issue of a notice to fix for building work carried out without building consent

This determination considers an authority’s decision to issue a notice to fix for work it considered was building work carried out without a building consent when one was required.

The dispute centres on whether the work that was carried out is building work regulated under the Building Act and for which a notice to fix could be issued.

The determination also considers the form and content of the notice to fix.

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2024/037: The authority’s decisions to issue two notices to fix.

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.

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2017/001: Authority's exercise of its powers of decision to issue a notice to fix for building work carried out without building consent

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.

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2025/018: The authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent

This determination considers the authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent.

The determination considers whether the building work was exempt from requiring a building consent under clause 4 of Schedule 1, which applies to unoccupied detached buildings. The determination also considers the form and content of the notice.

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2024/054: The building code compliance and a failure to issue a notice to fix in relation to two tiled showers

This determination looks at building work to install two tiled showers to an existing dwelling.

The matter being determined is whether there was a failure to issue a notice to fix in relation to this work.

The determination considers if there was a requirement to obtain building consent before carrying out the work and whether the completed work complies with the requirements of Building Code Clause E3 Internal Moisture.

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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: