Description

The determination arises from a decision made by the authority to refuse to grant a building consent for proposed building work that consisted of retrofitting urea formaldehyde foam insulation in the external walls of the owners' house, because the authority was not satisfied on reasonable grounds that compliance with the Building Code had been demonstrated. The authority has requested a determination as to whether the proposed building work complies with the Building Code. Therefore, the matters to be determined are: whether the authority correctly exercised its powers in refusing to grant a building consent; and whether the proposed building work complies with the Building Code. In considering these matters, it must be considered whether there was sufficient evidence provided in the building consent application for the authority to conclude on reasonable grounds that the building work and the existing building (as altered) would comply with the Building Code to the extent required by the Act.