Previous determinations

This determination considers the authority's decision to issue two notices to fix for a non-compliant pool barrier. The determination turns on whether the authority can issue a notice to fix to the current owners for a contravention of section 162C when they did not undertake the building work and when there is a code compliance certificate for that building work. The determination also considers the form and content of the notices that were issued.

This determination considers the decision making on two building consents and a code compliance certificate where the building work was carried out to the dwelling under separate building consents at the same time.

This determination considers whether the authority was correct in the exercise of its power of decision to issue a notice to fix for what the authority considers is building work that required a building consent. In order to make this determination I have considered whether a unit is a 'building' under section 8 of the Building Act 2004. The determination also considers whether the notice to fix was defective.

This determination considers whether the building consent authority was correct in the exercise of its power of decision to issue a notice to fix for a construction of a garage to replace an existing garage without first obtaining a building consent. This determination will turn on whether the building work to construct the garage is exempt under Schedule 1, clause 7 of the Building Act.

This determination considers the authority's decision to issue a notice to fix for building work carried out in contravention of section 40 of the Building Act (building work not to be carried out without building consent). In deciding this, consideration is given to whether the building work falls within the exemption outlined in Schedule 1(7) of the Act. This determination also considers the authority's decision to refuse to issue two discretionary exemptions applications under Schedule 1(2) of the Act (exemption from the requirement to obtain a building consent.

This determination considers whether the authority was correct to refuse to issue a code compliance certificate because it considers the stucco monolithic plaster applied to the external walls of an extension of an existing dwelling does not comply with clauses E2 External moisture and B2 Durability of the Building Code.

This determination considers whether a unit is a building that is subject to the Building Act. It discusses the tests of 'immovability' and 'permanent or long-term occupation' in relation to a vehicle, and the requirements for a notice to fix.

Note: This determination was subject to appeal to the District Court and was confirmed.

Appeal judgment [PDF 269KB]

This determination considers whether the authority was correct to refuse to issue a code compliance certificate for remedial recladding work. The determination considers whether the building work complies with clauses B2 Durability and E2 External moisture.

This determination considers an authority's proposed decision to require a building consent for prefabrication of a unit intended to be moved to another site. The determination discusses whether the unit is a 'building' in terms of the Building Act, the definition of 'building work' in the Act, and the exemption from the requirement to obtain building consent contained in clause 43 of Schedule 1 of the Act.

This determination considers the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling. This determination also considers whether to grant a modification of Clause F4.3.1, to permit a 1200mm change of level without a safety from falling barrier, in the circumstances of this case.