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2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent - 95 Lethbridge Rd, Parawera

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Abbreviation
2023/029
Valid from
26/10/2023
Information provider
Ministry of Business, Innovation and Employment,
Information type
Determination,
Format
PDF,
Description

This determination considers an authority's decision to refuse an application for a discretionary exemption from the requirement to obtain building consent, under clause 2 of Schedule 1 of the Building Act 2004.

The determination considers the authority’s reasons for refusal, and whether a discretionary exemption can be considered after the building work has been completed.

Decision:

In accordance with section 188 of the Building Act 2004, it was determined:

  1. The authority could not rely on the bridge being located on private landas a reason for refusing the application for a discretionary exemption.
  2. The authority could not exempt the building work to construct the bridge from the requirement for a building consent, under clause 2 of Schedule 1, because the building work has already been completed.
  3. Therefore, the authority's decision to refuse the application for a discretionary exemption (albeit for a different reason than that relied on by the authority at the time it refused the application) has been confirmed.

For assistance with locating previous versions, please contact the information provider.
View on Information Provider website Download this resource (PDF, 581KB)
For assistance with locating previous versions, please contact the information provider.
This resource is not cited by any other resources.

2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent - 95 Lethbridge Rd, Parawera

This document is not CITED BY any other resources:

2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent - 95 Lethbridge Rd, Parawera

Description

This determination considers an authority's decision to refuse an application for a discretionary exemption from the requirement to obtain building consent, under clause 2 of Schedule 1 of the Building Act 2004.

The determination considers the authority’s reasons for refusal, and whether a discretionary exemption can be considered after the building work has been completed.

Decision:

In accordance with section 188 of the Building Act 2004, it was determined:

  1. The authority could not rely on the bridge being located on private landas a reason for refusing the application for a discretionary exemption.
  2. The authority could not exempt the building work to construct the bridge from the requirement for a building consent, under clause 2 of Schedule 1, because the building work has already been completed.
  3. Therefore, the authority's decision to refuse the application for a discretionary exemption (albeit for a different reason than that relied on by the authority at the time it refused the application) has been confirmed.

View on Information Provider website Download this resource (PDF, 581KB)
2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent - 95 Lethbridge Rd, Parawera
Description

This determination considers an authority's decision to refuse an application for a discretionary exemption from the requirement to obtain building consent, under clause 2 of Schedule 1 of the Building Act 2004.

The determination considers the authority’s reasons for refusal, and whether a discretionary exemption can be considered after the building work has been completed.

Decision:

In accordance with section 188 of the Building Act 2004, it was determined:

  1. The authority could not rely on the bridge being located on private landas a reason for refusing the application for a discretionary exemption.
  2. The authority could not exempt the building work to construct the bridge from the requirement for a building consent, under clause 2 of Schedule 1, because the building work has already been completed.
  3. Therefore, the authority's decision to refuse the application for a discretionary exemption (albeit for a different reason than that relied on by the authority at the time it refused the application) has been confirmed.
View on Information Provider website Download this resource (PDF, 581KB)
This resource does not cite any other resources.

2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent - 95 Lethbridge Rd, Parawera

This resource does not CITE any other resources.
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