2025/046: Regarding an authority’s decision to issue a dangerous building notice - 140 Belvedere Road, Carterton
- Abbreviation
- 2025/046
- Valid from
- 16/09/2025
- Information provider
- Ministry of Business, Innovation and Employment,
- Information type
- Determination,
- Format
- PDF,
Description
This determination relates to the authority’s decision to issue a dangerous building notice under section 124 arising from the use of the building and its fire safety features.
The determination considers the features of the building in relation to the dangerous building test under section 121(1)(b) and, as the historical decision to record a change of use is in dispute, the evidence the authority had in recording a change of use in 2011.
Decision
In accordance with section 188 of the Building Act 2004, it has been determined that the building was dangerous, as defined by section 121(1)(b), at the time the dangerous building notice was issued on 10 October 2024, accordingly the authority had grounds to issue the notice under section 124.
As per paragraph 5.93, it has been decided not to exercise a remedy in respect of section 188(1)(a) in this determination.