Previous determinations

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).

Read appeal judgement [PDF 503KB].

This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

This determination considers whether a frost fan falls within the definition of "building", and whether building consent is required for its installation.  The determination also discusses exemptions under Schedule 1 of the Building Act and the authority's requirement for an electrical works certificate

This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents.  The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.

This determination concerns the substitution of aluminium windows that were detailed in an approved consent with imported timber windows.  The owner had sought a consent amendment for the substitution, but this had been refused by the authority.  The amendment had also been sought after the installation of the windows.  The determination considers whether the timber windows satisfy the Building Code, and whether the authority was correct to refuse the building consent amendment. 

This determination is concerned with the compliance of proposed barriers to a walkway. The determination considers whether the barrier satisfies the Acceptable Solution or complies as an alternative solution.

This determination considers the compliance of the remedial work carried out to eight decks. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

This determination considers the compliance of a proposed building in respect of parking provisions for people with disabilities to access the commercial spaces on the ground floor. The building contains mechanical stacking car parks that have been designated for use by residents only.

This determination considers the compliance of door thresholds to a proposed gymnasium in a school where the threshold incorporates a change in level of 20mm between the external and internal surfaces.  The determination assesses the detail against the Acceptable Solutions D1/AS1, C/AS4 and E2/AS1 and discusses the terms “stepped threshold”, “weather stop” and “isolated step”.

This determination considers the compliance of a barrier to a swimming pool that includes the exterior wall of the house with five sliding doors in it.  The determination assesses the barrier against the performance requirements of Clause F9 of the Building Code (Means of restricting access to residential pools), and considers whether the area encompassed by the proposed barrier is the immediate pool area.