Description

Regarding the issue of a notice to fix for additions and alterations to a house at 35 Tautari Street, Orakei, Auckland

Scope

This determination arose from the decision of the authority to issue a notice to fix for building work carried out under two building consents. The authority considered the building work did not comply with the consents and did not comply with the Building Code that was in force at the time of the issue of the consents.

The matters to be determined were whether the authority correctly exercised its powers in issuing the notice to fix, and in requiring further detail in the proposed scope of works. In making this decision it was considered:

• whether the building work carried out under the two consents complies with the relevant clauses of the Building Code that was in force at the time of issue of the consents;
• whether the scope of works provided to the authority was sufficient to establish on reasonable grounds that the proposed remedial work would bring the building into compliance.