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2016/022: Authority's proposed exercise of its powers to refuse to grant a certificate under section 224(f) of the RMA for a unit title development

Abbreviation
2016/022
Valid from
01/07/2016

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

Description

This determination arises from the authority's decision to issue a resource consent under the Resource Management Act 1991 subject to a condition in relation to section 116A of the Building Act requiring upgrading of the fire rating of an inter-tenancy wall.

In its initial submission the authority advised that it had not received an application for a certificate under section 224(f) of the Resource Management Act, but that the applicant had been issued a resource consent to undertake the proposed subdivision, and that one of the consent conditions required an inter-tenancy wall be fire rated to comply with the Building Code. This condition was included on the advice of an officer of the authority and in respect of compliance with section 116A of the Building Act.

The matter to be determined is therefore the authority's proposed exercise of its powers of decision to refuse to grant a certificate under section 224(f) of the Resource Management Act 1991, as the authority has clearly indicated to the applicant that it will refuse to grant the certificate if the inter-tenancy wall is not brought into compliance with section 116A of the Building Act.

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2016/022: Authority's proposed exercise of its powers to refuse to grant a certificate under section 224(f) of the RMA for a unit title development

This document is not CITED BY any other resources:

2016/022: Authority's proposed exercise of its powers to refuse to grant a certificate under section 224(f) of the RMA for a unit title development

Description

This determination arises from the authority's decision to issue a resource consent under the Resource Management Act 1991 subject to a condition in relation to section 116A of the Building Act requiring upgrading of the fire rating of an inter-tenancy wall.

In its initial submission the authority advised that it had not received an application for a certificate under section 224(f) of the Resource Management Act, but that the applicant had been issued a resource consent to undertake the proposed subdivision, and that one of the consent conditions required an inter-tenancy wall be fire rated to comply with the Building Code. This condition was included on the advice of an officer of the authority and in respect of compliance with section 116A of the Building Act.

The matter to be determined is therefore the authority's proposed exercise of its powers of decision to refuse to grant a certificate under section 224(f) of the Resource Management Act 1991, as the authority has clearly indicated to the applicant that it will refuse to grant the certificate if the inter-tenancy wall is not brought into compliance with section 116A of the Building Act.

View on Information Provider website Download this resource (PDF, 265KB)
2016/022: Authority's proposed exercise of its powers to refuse to grant a certificate under section 224(f) of the RMA for a unit title development
Description

This determination arises from the authority's decision to issue a resource consent under the Resource Management Act 1991 subject to a condition in relation to section 116A of the Building Act requiring upgrading of the fire rating of an inter-tenancy wall.

In its initial submission the authority advised that it had not received an application for a certificate under section 224(f) of the Resource Management Act, but that the applicant had been issued a resource consent to undertake the proposed subdivision, and that one of the consent conditions required an inter-tenancy wall be fire rated to comply with the Building Code. This condition was included on the advice of an officer of the authority and in respect of compliance with section 116A of the Building Act.

The matter to be determined is therefore the authority's proposed exercise of its powers of decision to refuse to grant a certificate under section 224(f) of the Resource Management Act 1991, as the authority has clearly indicated to the applicant that it will refuse to grant the certificate if the inter-tenancy wall is not brought into compliance with section 116A of the Building Act.

View on Information Provider website Download this resource (PDF, 265KB)
This resource does not cite any other resources.

2016/022: Authority's proposed exercise of its powers to refuse to grant a certificate under section 224(f) of the RMA for a unit title development

This resource does not CITE any other resources.
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