Search

This determination considers the authority's decision to refuse to issue a code compliance certificate for a new dwelling because it was not satisfied that the completed work complied with the Building Code. The compliance decision rested on the authority's view it was unable to accept producer statements from an engineer who had inspected the completed work; the statements are in respect of the verification of the ground bearing and the completion of a surface water soakage trench.

Determination arose from repairs carried out as exempt building work by the Project Management Office as established by the Earthquake Commission, and whether the repaired concrete floor slab on ground subject to liquefaction and categorised as Foundation Technical Category 2 (TC2) complies with the Building Code. Discussed whether the work required building consent or was exempt under Schedule 1 (a) and whether the repair work constitutes a “substantial” replacement.

The determination considers whether zero pitch protected liquid-applied membrane roofs will comply in regards to weathertightness and durability if constructed as specified by the manufacturer. The determination provides analysis of the evidence in support of the membrane in this use, sets out the design parameters for buildings for which the waterproof membrane would be used, and discusses drainage, resistance to water, and whether there is reliance on other components of the roofing system.

Note: This decision was partly confirmed on appeal to the District Court. See Tauranga City Council v Wadell [2026] NZDC 7006.

Read the appeal judgment

This determination considers the authority’s decision to issue a building consent under section 72 for alterations to a dwelling on a property that is subject or likely to be subject to the natural hazard of inundation by flooding.

It considers whether adequate provision to protect the land for flooding has been made.

This determination considers whether building work to construct a new retaining wall close to the boundary between two properties complies with Building Code clauses B1 Structure and E1 Surface water that have the purpose of protecting other property.