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.