Description

This determination arises from the authoritys decisions to issue a notice to fix for completed repairs to a deck, because a building consent had not been issued to carry out the work, and to refuse to issue a certificate of acceptance for the repaired deck because it was not satisfied that it complied with certain clauses of the Building Code.

The authority's concerns related primarily to the weathertightness and durability of the repair work. The matters to be determined are therefore whether the authority was correct in its decisions, in regard to the compliance of the tiled deck only, to issue a notice to fix and to refuse to issue a certificate of acceptance for the repair work.

In deciding these matters, the following must be considered:

• whether the authority correctly exercised its powers in issuing the notice to fix for the repair work;
• whether the repaired deck (the deck) complies with Clause E2 External Moisture and Clause B2 Durability of the Building Code.