Previous determinations

The determination considers whether site works carried out as part of a development have breached the requirement under Clause E1.3.1 in regards to the disposal of surface water to avoid the likelihood of damage or nuisance to other property. The determination discusses the causes of the flooding and the performance requirements in relation to annual exceedence probability of storm events.

This determination is concerned with the compliance of an 18-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

This determination concerns the compliance of a 10-year-old house with plywood, stone veneer, and horizontal weatherboard cladding. This determination considers the authority’s reasons for refusing to issue the code compliance certificate, and whether the house complies with the requirements of the Building Code.

This determination considers the authority’s refusal to grant a waiver under section 72 of the Act for two proposed buildings which are situated on land subject to a debris flow hazard.  The determination considers the risk to occupants from debris flow events, and the extent to which the proposed work will mitigate this risk.

This determination was sought by the owner of an adjacent property who was of the view that the retaining wall and site works did not comply with the Building Code.

This determination is concerned with the compliance of 14-year-old additions to a plastered brick veneer house. This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the alterations comply with the requirements of the Building Code.

This determination discusses the definitions of building and vehicle under section 8, and whether a shed on wheels that is registered as a vehicle under the Land Transport Act is a building for the purposes of the Building Act. The determination also considers whether the building work was exempt under Schedule 1, the compliance of the shed with Clauses C and E1 in relation to other property.

This determination considers the authority’s decision to refuse to issue a code compliance certificate; the grounds for the refusal were the authority’s concerns regarding the performance of the exterior cladding in terms of weathertightness and durability. The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

This determination discusses who can be issued with a notice to fix, in particular when building work was undertaken by a previous owner without building consent having been obtained. It also considers the compliance of building work and discusses circumstances where building work departs from Acceptable Solutions or New Zealand Standards.

Note: This Determination was set aside by order by the District Court as a result of an appeal under section 208 of the Building Act. The Court order was made by consent of the parties after the respondent Council conceded it failed to comply with the statutory provisions governing notices to fix.

This determination considers the compliance of the building work carried out with Clauses B1 and B2, and discusses whether there is an obligation to comply with Clause E1.3.2 of the Building Code when repairs are carried out to foundations. The determination also discusses whether the building work carried out was exempt under Schedule 1.