2011/080: The exercise of powers in respect of a notice to fix issued for a house
- Valid from
- Information provider
- Ministry of Business, Innovation and Employment
- Information type
This determination arises from a dispute between the parties relating to a lack of inspections and building regulatory matters. The result of this dispute is that the authority issued a notice to fix, the building consents for the building work that was being undertaken were then withdrawn, and the applicant applied for a certificate of acceptance, which was subsequently issued by the authority.
The applicant has sought to have the certificate of acceptance changed to a code compliance certificate. However, as the notice to fix was the regulatory action that lead to the application for a certificate of acceptance, it is the authority's exercise of its powers in respect to the notice to fix that is the matter central to this dispute.
The notice to fix also stated that the authority would not be able to establish whether the building work that hadnt been inspected complies with the Building Code (First Schedule, Building Regulations 1992). From this statement, it has been inferred that the authority was of the view that it would not be able to issue a code compliance certificate.
Therefore the matter to be determined is whether the authority correctly exercised its powers in issuing the notice to fix with respect to the contraventions and remedies that were set out in the notice to fix, and as a result whether the authority was correct to issue the certificate of acceptance.