2011/115: Dispute about the refusal to issue a certificate of acceptance for the construction of a seawall
- Valid from
- Information provider
- Ministry of Business, Innovation and Employment
- Information type
This determination arose from a dispute about a retaining wall that acts as a coastal protection structure to 23 and 25 Clifton Road.
The owners applied for a certificate of acceptance for the seawall and the authority concluded that the seawall as built and designed did not, and could not be made to comply with the Building Code.
The authority also considerd that the land on which the seawall and buildings are located was subject to a natural hazard being coastal erosion and inundation, and the seawall would have an adverse effect on neighbouring properties.
The matter to be determined was whether the authority correctly exercised its powers of decision in refusing to issue a certificate of acceptance for the seawall.