Previous determinations

This determination considers whether the construction of timber retaining walls complies with Building Code clauses B1 Structure and F5 Construction and Demolition Hazards as they relate to the protection of other property.

Note: This determination was subject to appeal to the District Court, where one conclusion was confirmed and one conclusion was overturned. Appeal judgment  [PDF 6.4MB].

This determination considers whether a structure that has some features of a vehicle is a "building" under section 8 of the Building Act, and therefore whether the authority can issue a notice to fix for construction of the unit without building consent. The determination discusses factors to consider when deciding if the unit is a "vehicle", and if it is "immovable" and "occupied on a permanent or long-term basis".

This determination considers whether the authority was correct to refuse to grant a discretionary exemption under Schedule 1(2) for additional plumbing fixtures and the insulation of an external wall. The determination discusses what an authority considers when deciding to grant a discretionary exemption under Schedule 1(2).

This determination considers whether the authority were correct to issue a code compliance certificate for the building work to partially re-pile an existing house. The determination considers whether the building work can be considered as a minor variation.

This determination considers whether the authority was correct in its purported refusal of three building consent applications for proposed dwellings under sections 49 and 50 of the Building Act 2004. The determination discusses the authority's reasons for refusal, and whether the authority was correct to refuse the applications for the reasons given.

This determination considers, whether the barrier to restrict access by unsupervised young children to a small heated pool, complies with section 162C of the Building Act. This determination discusses the compliance obligations and considers whether a waiver or modification of the means of restricting access to the spa pool can be granted.

This determination considers whether pine vertical timber shiplap weatherboards, painted black, comply with the Building Code Clause B2 Durability, as it relates to Clause E2 External Moisture. The determination considers a number of factors that contribute to Building Code compliance.

This determination considers the compliance of an existing boundary fence forming part of a proposed pool barrier, with Building Code Clause F9 Means of restricting access to residential pools. The determination discusses whether compliance with Clause F9 can be achieved by way of an alternative solution.

This determination considers an authority's purported exercise of decision not to grant a building consent on the basis that a producer statement design, related to the design of new timber retaining walls, which has not been signed by a registered Chartered Professional Engineer. The determination will discuss the status of a producer statement, some factors for an authority to consider when assessing a producer statement, and how these apply in this case.

This determination considers the issue of notices to fix for construction of something that the owner claims is not a building. The determination considers whether the construction was of a vehicle, as the owner claimed, rather than a building. The determination also sets out the approach taken in High Court and District Court decisions that have considered the question of whether something with the characteristics of a vehicle were buildings.