Previous determinations

This determination considers an authority's purported exercise of decision not to grant a building consent on the basis that a producer statement design, related to the design of new timber retaining walls, which has not been signed by a registered Chartered Professional Engineer. The determination will discuss the status of a producer statement, some factors for an authority to consider when assessing a producer statement, and how these apply in this case.

This determination considers the issue of notices to fix for construction of something that the owner claims is not a building. The determination considers whether the construction was of a vehicle, as the owner claimed, rather than a building. The determination also sets out the approach taken in High Court and District Court decisions that have considered the question of whether something with the characteristics of a vehicle were buildings.

This determination concerns a low retaining wall located near a boundary that was constructed without building consent, where a driveway was subsequently built near the top of the retaining wall on the neighbouring property. The determination considers whether the retaining wall was subject to a surcharge or load from vehicle traffic at the time of its construction, and whether the wall was exempt from the requirement for a building consent under Schedule 1 of the Building Act.

This determination considers whether an authority was correct to refuse to issue a code compliance certificate for a building consent granted in 1998 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E1 Surface Water, and E2 External Moisture that applied in 1998.

This determination considers the compliance of a pool barrier that incorporates a balcony balustrade. In determining whether the barrier achieves the compliance with Clause F9 Means of Restricting Access to Residential pools of the Building Code, the determination assesses the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.

This determination considers the compliance of a particular aspect of a pool with respect to Building Code Clause F4 Safety from falling. The determination also considers whether the authority was correct to refuse to issue a code compliance certificate for the work and whether a waiver or modification of Clause F4.3.1 should be granted.

This determination considers the authority's decision to issue a code compliance certificate for a woodburner.

This determination considers the authority's decision to issue a notice to fix relating to a retaining wall surrounding a tennis court in a rural location. In making this decision the determination will consider the south and west sections of the retaining wall and whether the building work done to these sections falls under clause 41 of Schedule 1 of the Act.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of an existing pool barrier that incorporates a number of sliding wall panels and for which a code compliance certificate had previously been issued. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers whether an exemption had been granted under the Fencing of Swimming Pools Act 1987.

Note: This determination is subject to appeal.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of an existing pool barrier that incorporates brick columns and walls and sections of metal fencing, and hedges. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers the status of an exemption granted under the Fencing of Swimming Pools Act 1987.