Previous determinations

This determination considers an authority’s refusal to issue a building consent for conversion of one level of a multi‐storey building from commercial to residential use.

It considers the reasons for the refusal under section 50 of the Building Act 2004, and provides comments on section 115 decision‐making.

This determination considers the compliance with Building Code Clause D1 Access Routes of an external step to a toilet facility constructed as part of a new warehouse building. 

The determination considers whether the step is on an access route and whether it complies with clause D1.3.3(i).

This determination concerns an authority’s decision to refuse to grant an application for a building consent to install a new lift into an existing two‐storey commercial building.

The determination considers the authority’s reasons for the refusal and whether the new lift complies with the Building Code clause D2 if required by clause D1.3.4. The determination will also consider whether to grant a waiver or modification in respect of those clauses.

This determination considers an authority’s proposed refusal to grant a building consent for two multi-unit buildings.

The determination considers the application of Acceptable Solution C/AS1 paragraph 5.1.1 for the proposed external wall design in relation to control of external fire spread.

This determination considers an authority’s purported decision to refuse to issue a building consent for alterations and an addition to an existing building.

The matter turns on whether the proposed building work would have resulted in a change of use for the building and whether the building would have complied as nearly as reasonably practicable with clause C4.3 of the Building Code relating to means of escape from fire.

This determination considers an authority’s refusal to issue a code compliance certificate due to outstanding producer statement documentation. The determination considers the reasons the authority gave for the refusal.

This determination considers the authority’s decision to issue a compliance schedule for a telecommunications exchange structure.

The determination discusses whether the structure is part of, or related to, a network utility operator system and therefore not considered a ‘building’ for the purposes of the Act.

This determination looks at building work to construct two retaining walls in conjunction with the construction of a dwelling.

The matter being determined is the authority’s purported decision to refuse to issue a code compliance certificate in relation to the falls related to the retaining walls and compliance with Building Code Clause F4 – Safety from falling.

The determination considers whether the falls related to the retaining walls are relevant to the purported refusal and whether the current hedge meets the requirements of clause F4.

This determination considers whether the building work carried out at 189 Tanners Point Road relating to surface water collection and disposal complies with clause E1.3.1 as it relates to the protection of ‘other property’.

This turns on whether surface water collected or concentrated by buildings or sitework at 189 Tanners Point Road avoids the likelihood of damage or nuisance to 195 Tanners Point Road.

This determination considers the authority’s decision to issue a notice to fix for an alleged contravention of section 40 of the Act in relation to the construction of a deck.

This determination also considers whether the building work for the deck is exempt from the requirement to obtain a building consent under clause 24 of Schedule 1 of the Act.

This determination further considers the form and content of the notice to fix.