The latest determinations include examples of two common issues of code compliance and consent.
Recent determinations issued by the Ministry of Business, Innovation and Employment’s (MBIE) Building Performance team include the consideration of an authority’s decision to issue a notice to fix for a timber deck constructed without building consent in contravention of section 40.
This considers whether the work in Hauraki on Auckland’s North Shore was exempt from the requirement to obtain building consent under clause 24 of Schedule 1 of the Building Act, turning on the height of fall from the deck. The findings show that there were no grounds for the issuing of the notice to fix by the local authority and why this notice was therefore reversed.
A second determination considers an authority’s decisions to refuse to issue a code compliance certificate for alterations to a house in Moana, Nelson and to refuse to issue a certificate of acceptance in relation to the construction of a lean-to on this property.
It considers the reasons given for the refusals and found they did not meet the respective requirements of sections 95A and 99A, thereby ordered the local authority to review the decision to withhold the code of compliance certificate, based on evidence presented in the findings.
