Previous determinations

This determination considers the authority’s decisions to issue two notices to fix for a retaining wall constructed by a previous owner of the neighbouring property. The determination considers whether there were grounds to issue the notices to fix to the applicant, and the form and content of the notices.

This determination considers an authority’s decisions to issue three successive notices to fix alleging the same contravention. The determination discusses the details required in a notice to fix, and the obligations of authorities in issuing notices to fix.

This determination considers an authority’s decision to grant building consents under section 72 of the Building Act 2004.  The authority’s decision gives rise to a natural hazard notice being entered on the record of title for the property where the building work will take place.

This determination considers whether there was a change of use in relation to a building
that was used for emergency housing, where previously it had been used as tourist
accommodation. More specifically, the determination considers whether the use group
changed from 'sleeping accommodation' to 'sleeping residential' and, if so, whether that
resulted in additional or more onerous Building Code requirements.

This determination considers whether the authority was correct in requiring a building consent for the construction of a wind turbine, and its decision to issue a notice to fix for the construction of the supporting foundation without a building consent being obtained. In deciding these matters, I have considered whether the wind turbine is a building and whether the foundation was exempt from the requirement to obtain a building consent.

This determination arises from the authority's decision to issue a notice to fix for work carried out to a large dam without a building consent for the contravention of section 40. The owner and the authority disagree on the scope of works that required building consent.

This determination concerns the issue of a notice to fix by an authority in relation to a retaining wall that had been built by a neighbour over the property boundary and then subsequently demolished by the neighbour. The determination considers whether the owners of the property were the "owner of a building" and therefore a "specified person" in terms of section 163 of the Building Act, such that a notice to fix could be issued to them.

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 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.

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.