Description

This determination arises from a dispute about a house built on a rural block of Maori land by the applicant, who is one shareholder of the jointly owned land.

Based on the evidence, the matters for determination are:

• whether the authority was correct to impose a condition of demolition or removal on the notice to fix of 25 May 2007 ('the second notice to fix');
• whether the authority was correct in its decision to refuse to amend the building consent; whether the authority was correct in its decision to refuse to issue a certificate of acceptance.

In order to determine the matters of the refusal of the authority to consider issuing a certificate of acceptance, and the refusal of the authority to consider amending the building consent, it needs to be considered whether the decision of the authority to grant the original building consent was correct.