Previous determinations

This determination looks at building work to construct two retaining walls in conjunction with the construction of a dwelling.

The matter being determined is the authority’s purported decision to refuse to issue a code compliance certificate in relation to the falls related to the retaining walls and compliance with Building Code Clause F4 – Safety from falling.

The determination considers whether the falls related to the retaining walls are relevant to the purported refusal and whether the current hedge meets the requirements of clause F4.

This determination considers whether the building work carried out at 189 Tanners Point Road relating to surface water collection and disposal complies with clause E1.3.1 as it relates to the protection of ‘other property’.

This turns on whether surface water collected or concentrated by buildings or sitework at 189 Tanners Point Road avoids the likelihood of damage or nuisance to 195 Tanners Point Road.

This determination considers the authority’s decision to issue a notice to fix for an alleged contravention of section 40 of the Act in relation to the construction of a deck.

This determination also considers whether the building work for the deck is exempt from the requirement to obtain a building consent under clause 24 of Schedule 1 of the Act.

This determination further considers the form and content of the notice to fix.

This determination concerns building work associated with the construction of four new dwellings.

The determination considers the compliance with Clause E1.3.1 of the Building Code in relation to protection of other property from surface water.

It also considers the issue of three building consents, and whether there were grounds to issue a notice to fix in relation to the compliance of the building works with Clause E1.3.1.

This determination considers the authority’s decision to refuse an application for an amendment to a building consent proposing to extend and increase the immediate pool area.

The determination discusses the reasons for refusal, and whether the additional spaces enclosed can be included within the ‘immediate pool area’ as defined by the Act.

This determination concerns an authority’s decision to re‐issue a building consent, adding a condition for natural hazard notification under section 73, after it had already issued a building consent for the same building work.

The determination considers whether the authority had the power to re‐issue the building consent.

This determination considers whether the proposed installation of bedroom door locks at a residential housing facility, which alters the building’s means of escape from fire, complies with Building Code clause C4 Movement to a place of safety.

It also considers clause A1 Classified Uses to identify the extent to which the building must comply with C4.

This determination considers the territorial authority’s request, under Section 133AH of the Building Act 2004, to the building owner to provide an engineering assessment of a residential building identified as potentially earthquake-prone.

The determination discusses section 133AA and the types of residential buildings that the earthquake-prone building provisions of the Building Act apply to. 

This determination considers the authority’s refusal to issue a code compliance certificate due to concerns that some of the building work does not comply with the building consent and the Building Code.

The determination considers whether the authority had grounds for refusing to issue the code compliance certificate, and the reasons given for the refusal as set out in its section 95A notice.

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.