Previous determinations

This determination considers whether a proposed horse shelter was exempt from the need for a building consent under Schedule 1 of the Act and also whether the authority was correct to refuse to issue an exemption under Schedule 1(2).  The determination discusses what an authority can consider when considering whether to grant a discretionary exemption under Schedule 1(2).

This determination considers whether a building consent issued to a previous owner for the construction of a new dwelling should have been issued subject to a section 73 condition requiring notification of a natural hazard to be placed on the land title.  The determination was sought by the current owner who believes the land is subject to inundation.  The determination considers whether the land is subject to a natural hazard and the information the authority relied upon in issuing the building consent.

This determination considers the authority’s refusal to issue a code compliance certificate where the building work was carried out without required inspections.  The determination considers the compliance of three areas identified by the authority in its refusal.

The determination considered whether the authority correctly exercised its powers of decision in refusing to issue a code compliance certificate. The determination considered the authority’s decision to refuse a code compliance certificate without inspecting the building.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination is in relation to a pool barrier that has mature palm trees outside of and adjacent to it. The determination concerns the barrier’s compliance with the Building Code to the extent required by section 162C of the Building Act.

This determination considers the refusal to issue a building consent for investigation and subsequent reinstatement of concrete panels containing potentially corroded structural steel elements. The determination considers the authority’s reasons for refusing to issue the building consent.

This determination is concerned with the compliance of a timber retaining wall with Building Code Clause B1 Structure. The determination considers whether the wall once completed will comply with Building Code Clause B1 Structure, and whether the authority was correct not to issue a notice to fix in relation to the retaining wall.

Explanatory note

This determination contained an error when it was issued on 26 June 2019. At Paragraph 5.6.6 it read, “I note here the torch-on-membrane, which the authority issued a building consent for (refer paragraph 4.5.1), is permitted within the Acceptable Solution as a capping material to parapets".

To provide clarity paragraph 5.6.6 is now to be read as follows, “I note here metal, butyl or EPDM membranes are the materials specified in the Acceptable Solution as capping materials to parapets. The authority issued a building consent (refer paragraph 3.7) for the torch on membrane, which established that the authority was satisfied with the compliance of that material as a weathertightness system."

This determination considers the compliance of parapet and post details without metal cap flashings to two membrane decks. The determination discusses the details and whether the building work complies with the Building Code in regard to Clause E2 External moisture.

This determination concerns sitework carried out by the applicant’s neighbour and whether this is likely to cause damage or nuisance to the applicant’s property in breach of Clause E1 Surface water.  The determination also considers whether the authority was correct to grant a building consent and a code compliance certificate for this work.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of a pool barrier made up of walls and doors of a building that was subject to an exemption under the Fencing of Swimming Pools Act. The determination considers whether the barrier complies to the extent required by section 162C of the Act.