Previous determinations

Note: This determination is subject to clarification

This determination considers the authority’s decision to issue a notice to fix for work carried out without building consent.  The determination turns on whether the structure is a ‘building’ under section 8 of the Building Act or is excluded from that definition by section 9 because it is a ‘boat ...used in navigation’.

This determination considers the compliance of Cypress posts with Clause B2. The determination considers whether the authority was correct in its proposed refusal to issue the code compliance certificate.

This determination considers the compliance of a 14-year-old building. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

Note: The decisions in this determination were reversed on appeal to the District Court. See: Palmerston North City Council v Brian Green Properties (1971) Limited (District Court, Palmerston North, 12 February 2020, CIV-2018-054-000288).

Read the appeal judgment.

This determination considers whether the authority was correct to issue a notice to fix in respect of locks to doors that are providing the means of escape to a commercial building containing food and retail outlets.  The determination considers whether the locked doors provide adequate means of escape from fire when the building has no occupants.

The determination considers the authority’s reasons for refusing to issue the code compliance certificate, and discusses the authority’s concerns about aspects of PS3 and PS4 producer statements provided in support of the application for a code compliance certificate.

Note: This determination is subject to clarification

This determination considers a notice to fix issued for the rebuilding, without a building consent, of a small extension or lean-to attached to a house. The matter turns on whether the components or assemblies replaced in the rebuilding of the structure were in the same position such that they were exempt under Schedule 1from the requirement for a consent, and whether the notice to fix was correctly issued.

This determination considers whether a structure on a trailer with wheels is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 of the Building Act.

This determination considers whether a structure is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 of the Building Act.

This determination considered whether a change of use had occurred and whether the authority was correct to refuse to grant an exemption under Schedule 1(2).

This determination is concerned with the compliance of a concrete slab with Clause B1 Structure. The determination considers whether the authority was correct to issue a notice to fix in relation to the concrete slab.