Published 30 April 2018
Reserved judgment — Appeal from the determination of the Chief Executive of the Ministry of Business Innovation and Employment — prefabrication — multi-proof — Building Code — Building Act 2004, s 208. Building consents were issued by the Auckland Council in respect of two properties that were substantially prefabricated and that the prefabrication had taken place outside of New Zealand. Consents were granted as required by s 19 (ca) of the Act. The Council did not consider that it was able to issue a code compliance certificate in relation to either property as the prefabrication had occurred outside of New Zealand. The court found that the Chief Executive of MBIE was correct in determining that the building consents issued by the Council were valid and that the fact that the Council had not completed inspections of the building products used during manufacturing did not affect the validity of those consents. The appeals were dismissed and the determinations of the Chief Executive were confirmed. Judgment Date: 30 June 2017
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