Previous determinations

This determination considers what is the appropriate exposure zone for a house located near a tidal estuary and the protection that is required to the brick ties used to secure the brick cladding.  The authority considered that the house was located in exposure Zone D which required stainless steel ties to be used.

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 The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017.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 a trellis fence with the provisions of the Building Act that require the restriction of access by unsupervised young children to the swimming pool or immediate pool area.  The trellis has gaps up to 45mm high x 40mm wide and was installed with the horizontal slats on the outside face of the fence.

This determination considers an authority’s refusal to issue a code compliance certificate for a 17-year-old house principally due to concerns about its compliance with Clause E2 External moisture.  The building owners had commissioned an assessment of the building’s performance which the authority had declined to accept.

Note: ​The decision in this determination was confirmed on appeal to the District Court. See Marlborough District Council v Bilsborough [2020] NZDC 9962.

Read the appeal judgment.

This determination concerns a notice to fix issued for two relocated units built on trailers that were relocated onto site and joined via a walkway constructed onsite.  The determination considers whether the structure is a building for the purposes of the Act and whether the units separately are vehicles and not buildings.  It also considers the particulars of contravention identified in the notice to fix and the persons to whom the notice was issued.

This determination considers whether a proposed horse shelter was exempt from the need for a building consent under Schedule 1 of the Act and also whether the authority was correct to refuse to issue an exemption under Schedule 1(2).  The determination discusses what an authority can consider when considering whether to grant a discretionary exemption under Schedule 1(2).

This determination considers whether a building consent issued to a previous owner for the construction of a new dwelling should have been issued subject to a section 73 condition requiring notification of a natural hazard to be placed on the land title.  The determination was sought by the current owner who believes the land is subject to inundation.  The determination considers whether the land is subject to a natural hazard and the information the authority relied upon in issuing the building consent.

This determination considers the authority’s refusal to issue a code compliance certificate where the building work was carried out without required inspections.  The determination considers the compliance of three areas identified by the authority in its refusal.

The determination considered whether the authority correctly exercised its powers of decision in refusing to issue a code compliance certificate. The determination considered the authority’s decision to refuse a code compliance certificate without inspecting the building.

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 is in relation to a pool barrier that has mature palm trees outside of and adjacent to it. The determination concerns the barrier’s compliance with the Building Code to the extent required by section 162C of the Building Act.

This determination considers the refusal to issue a building consent for investigation and subsequent reinstatement of concrete panels containing potentially corroded structural steel elements. The determination considers the authority’s reasons for refusing to issue the building consent.