2008/015: Dispute about the code compliance of one of seven houses built under a single consent

Abbreviation
2008/015
Valid from
12/03/2008

Information provider
Ministry of Business, Innovation and Employment,
Information type
Determination,
Format
PDF,

Description

The matter for determination is whether the applicants' claim that the territorial authority, in carrying out its functions under the Act, has failed to ensure the code compliance of a 6-year-old house with respect to Clauses B1 'Structure', B2 'Durability', E1 'Surface water', E2 'External Moisture,' E3 'Internal Moisture' and G4 'Ventilation 'of the Building Code (First Schedule, Building Regulations 1992) is correct.

The question of compliance with these clauses can be determined by considering the following 4 matters:

  1. Whether the timber sub-floor framing, retaining walls and framing of the house ('the structure'), comply with the Building Code (see sections 177 and 188 of the Act).
  2. Whether the interior of the house complies with the Building Code.
  3. Whether the fibre-cement weatherboard cladding as installed to the walls of the house ('the cladding'), complies with the Building Code.
  4. Whether the house and its site-works (including the retaining walls), as built, comply with the Building Code (see sections 177 and 188 of the Act).

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Notes/comments

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Ratima v Tauranga District Council and Habitat for Humanity Limited (District Court, Tauranga, 10 February 2009, CIV-2008-070-000326).

Appeal judgment

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For assistance with locating previous versions, please contact the information provider.

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Ratima v Tauranga District Council and Habitat for Humanity Limited (District Court, Tauranga, 10 February 2009, CIV-2008-070-000326).

Appeal judgment

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2008/015: Dispute about the code compliance of one of seven houses built under a single consent

This document is not CITED BY any other resources:

2008/015: Dispute about the code compliance of one of seven houses built under a single consent

Description

The matter for determination is whether the applicants' claim that the territorial authority, in carrying out its functions under the Act, has failed to ensure the code compliance of a 6-year-old house with respect to Clauses B1 'Structure', B2 'Durability', E1 'Surface water', E2 'External Moisture,' E3 'Internal Moisture' and G4 'Ventilation 'of the Building Code (First Schedule, Building Regulations 1992) is correct.

The question of compliance with these clauses can be determined by considering the following 4 matters:

  1. Whether the timber sub-floor framing, retaining walls and framing of the house ('the structure'), comply with the Building Code (see sections 177 and 188 of the Act).
  2. Whether the interior of the house complies with the Building Code.
  3. Whether the fibre-cement weatherboard cladding as installed to the walls of the house ('the cladding'), complies with the Building Code.
  4. Whether the house and its site-works (including the retaining walls), as built, comply with the Building Code (see sections 177 and 188 of the Act).

View on Information Provider website Download this resource (PDF, 200KB)
2008/015: Dispute about the code compliance of one of seven houses built under a single consent
Description

The matter for determination is whether the applicants' claim that the territorial authority, in carrying out its functions under the Act, has failed to ensure the code compliance of a 6-year-old house with respect to Clauses B1 'Structure', B2 'Durability', E1 'Surface water', E2 'External Moisture,' E3 'Internal Moisture' and G4 'Ventilation 'of the Building Code (First Schedule, Building Regulations 1992) is correct.

The question of compliance with these clauses can be determined by considering the following 4 matters:

  1. Whether the timber sub-floor framing, retaining walls and framing of the house ('the structure'), comply with the Building Code (see sections 177 and 188 of the Act).
  2. Whether the interior of the house complies with the Building Code.
  3. Whether the fibre-cement weatherboard cladding as installed to the walls of the house ('the cladding'), complies with the Building Code.
  4. Whether the house and its site-works (including the retaining walls), as built, comply with the Building Code (see sections 177 and 188 of the Act).
View on Information Provider website Download this resource (PDF, 200KB)
This resource does not cite any other resources.

2008/015: Dispute about the code compliance of one of seven houses built under a single consent

This resource does not CITE any other resources.
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