2010/053: The issue of a notice to fix for a house with a code compliance certificate
- Abbreviation
- 2010/053
- Valid from
- 28/06/2010
- Information provider
- Ministry of Business, Innovation and Employment
- Author
- Ministry of Business, Innovation and Employment
- Information type
- Determination
- Format
Description
This determination arose from the decision of the authority to issue a notice to fix for a house that had been issued with a code compliance certificate in 2004.
The notice to fix was issued because the authority believed that the condition of a cantilevered timber deck and deck barrier constituted a safety risk, and that the house was not weathertight.
The matter to be determined was whether the authority's decision to issue the notice to fix was correct.
It was considered:
- whether the issue of the notice to fix was the appropriate statutory mechanism to be applied if the building was dangerous or insanitary;
- whether the notice to fix should have been issued in respect of work for which a code compliance certificate has been issued by the authority; and
- whether the building was dangerous or insanitary under section 124 of the Act.