Previous determinations

This determination concerns the substitution of a concrete tiled roof to a house with composite slate tiles where the substitution was the subject of an amendment to the consent. The determination considers the amendment and whether the authority was correct to refuse it. The determination also considers the compliance of the slate tiles as installed.

This determination discusses the Building Code obligations in Clause F4 for a proposed pool barrier that would include a pool room. The determination considers the area enclosed by the proposed barrier in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4(f).

This determination arises from a dispute regarding the installation of cedar weatherboards in a manner that is not in accordance with the building consent or with the manufacturer’s instructions. The determination considers whether the weatherboards as installed comply with Clauses E2 and B2 of the Building Code.

This determination considers whether the building in its proposed use will comply with the Building Code in regards to fire safety, laundering, and food preparation.  The determination discusses the proposed use of the building and whether there will be a change of use under the Regulations.

This determination considers the level and tolerances in surface finish to the concrete floor slab and consequential variations in the timber framing to a two-story house.  The determination considers the compliance of the slab in relation to loss of amenity under Clause B1 Structure, and the application of the appropriate standards cited in the building consent.

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v S Liaw (District Court, Auckland, 30 June 2017, CIV-2016-004-001575).

Appeal judgment [PDF 188 KB]

This determination considers whether the authority has exercised its powers correctly in granting a building consent for a house design that had a national multiple-use approval and consisted of modules that were manufactured offshore. The determination considers the extent to which the Building Act and its Regulations apply to the prefabricated modules, and discusses the range of information Building Consent Authorities can seek to satisfy themselves that the construction of the prefabricated components will comply with the plans and specifications. 

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v S Liaw (District Court, Auckland, 30 June 2017, CIV-2016-004-001575).

Appeal judgment [PDF 188 KB]

This determination considers whether the authority has exercised its powers correctly in granting a building consent for a house design that had a national multiple-use approval and consisted of modules that were manufactured offshore. The determination considers the extent to which the Building Act and its Regulations apply to the prefabricated modules, and discusses the range of information Building Consent Authorities can seek to satisfy themselves that the construction of the prefabricated components will comply with the plans and specifications.  

This determination considers the compliance of Western Red Cedar weatherboards as installed with respect to weathertightness and durability.  The key issues involved are the departure from the manufacturer’s specifications in regards to the use of galvanised steel holding brads and the placement of the fixings.

This determination considers whether an authority was correct to issue dangerous building notices in respect of a concrete block retaining wall and fence located on the boundary between two properties: one notice was issued to each owner.  The determination considers the state of the wall and likelihood it will collapse; and what can be done to render the wall safe.

This determination considers whether a lift is required to the lower level of a proposed two-storey rowing club building. The determination considers compliance against the relevant Acceptable Solution and what constitutes reasonable and adequate access for people with disabilities to the lower level. The determination also considers access to areas adjacent the building.