2026/007: The issue of a building consent, failure to issue a notice to fix, and compliance of proposed work with Clause B1 - 1994 Arundel Rakaia Gorge Rd, Mayfield, Ashburton
- Abbreviation
- 2026/007
- Valid from
- 13/03/2026
- Information provider
- Ministry of Business, Innovation and Employment,
- Author
- Ministry of Business, Innovation and Employment
- Information type
- Determination,
- Format
- PDF,
Description
This determination relates to the construction of a new residential building.
The determination considers three matters: the issue of a building consent, whether the authority failed to exercise a power of decision to issue a notice to fix, and compliance with Clause B1 Structure of proposed remedial building work.
Decision
In accordance with section 188 of the Building Act 2004, the Ministry of Business, Innovation and Employment (MBIE) determines:
- the provision in section 49(1) was not met when the authority issued building consent BC0093/016 on 24 November 2016
- the authority failed to exercise a power of decision to issue a notice to fix on or around 13 March 2017
- the remediation work described in the second engineer’s proposal in respect of the new hold-down bolts and foundation underpinning pads will comply with clause B1 but does not result in a code compliant building in relation to the floor slab and underlying fill; and
- MBIE reverses the authority’s decision to issue building consent BC0093/16.
