Previous determinations

This determination considers two successive notices to fix alleging the owners carried out building work to construct a sleepout without building consent, when consent was required, in contravention of section 40 of the Building Act.

The determination discusses whether the building work was exempt from the requirement to obtain a building consent under Schedule 1 of the Act, and the form and content of the notices.

This determination considers an authority’s decision to grant a building consent under section 72 for the construction of a new dwelling on a property that is subject or likely to be subject to the natural hazard of inundation.

It considers whether the hazard is likely and whether ‘adequate provision’ has been made to protect the land, building work and other property.

This determination considers an authority’s decision to issue two notices to fix for building work carried out at the owners’ property.

The notices allege contraventions of section 40 for building work carried out without consent, sections 114 and 115 for a change of use, and section 17 for non-compliance with the Building Code.

As part of the section 40 assessment, the determination considers whether the building work included in the notice to fix was the subject of a certificate of acceptance and whether it was exempt under Schedule 1. 

This determination considers an authority’s decision to issue a notice to fix for contravention of sections 40 and 17 of the Building Act 2004.

The determination considers whether the unit as modified is a vehicle or a building, and whether it complies with Building Code clauses D1, E2 and G13.

This determination considers an authority’s decision to issue a code compliance certificate for alterations to a block of kura classrooms.

The determination considers whether certain building elements comply with the building consent and/or the Building Code.

This determination concerns an authority’s decision to issue a notice to fix for a pool barrier. The determination considers whether the pool barrier complies in relation to a storage box that is permanently located inside and close to the pool barrier.

It also considers the form and content of the notice to fix.

This determination considers whether the installation of a diesel boiler and flue complies with clause G4.3.4 of the Building Code, in terms of whether the emissions from the flue avoids creating a nuisance or hazard to the neighbouring property.

The determination discusses the terms ‘nuisance’ and ‘hazard’ in the context of compliance with clause G4.3.4. 

This determination considers an authority’s decision to issue a notice to fix for a timber deck constructed without building consent in contravention of section 40.

The determination considers whether the work was exempt from the requirement to obtain building consent under clause 24 of Schedule 1 of the Building Act, turning on the height of fall from the deck.

This determination considers the authority’s decisions to refuse to issue a code compliance certificate for alterations to a house and to refuse to issue a certificate of acceptance in relation to the construction of a lean-to.

The determination considers the reasons given for the refusals, and whether they meet the respective requirements of sections 95A and 99A.

The matter being determined relates to two new horizontal steel beams installed alongside existing internal staircases in a commercial/residential building. 

This determination considers the requirements of clause F4 and the likelihood of accidental fall in this case.