Building determinations
The Office for Disability Issues has a legislative role in advising the Department of Building and Housing on Building Act determinations. This is where the Department adjudicates (through a determinations process) on disputes between building owners and territorial authorities on what is required for buildings to comply with the Building Act and Code access requirements. The Department consults with us on all determinations relating to access and facilities for disabled people.
The Office gives priority to requests for comment on determinations. Determinations have a precedent effect so it is important that "waivers" of access requirements are bounded strictly and allowed only on a principled basis.
We are able to consult within the disability sector on determinations, which adds to the growth of knowledge within the sector and improves the quality of our advice. We work with the Ministry of Social Development's legal team to ensure the proper management of legal risk and the defensibility of statements we may make on the application of laws.
A key issue with determinations is the situation where a dispute arises and there are conflicting social policy objectives at stake. This can occur where educational and health facilities are proposed, for example. The Office attempts to establish good relationships with all stakeholders to create clarity around the proper priority to be given to a disability perspective when planning and designing facilities that are to be open to all.
Determinations on access to facilities or services by disabled people
The Office has provided comment on the following listed determinations. You can read the determination as a PDF on the Department of Building and Housing's website.
2009 - 117: Access and facilities for people with disabilities for a small alteration to buildings located at a fish processing factory in Whitianga
2009 - 110: Access for people with disabilities to a cafe in Silverdale, Auckland
2009 - 090: Refusal of a building consent for the installation of a lift at Lincoln University, Ellesmere Junction Road, Lincoln
2008 - 122: The provision of access and facilities for persons with disabilities in an alteration to a building containing a café.
2008 - 116: Refusal of a code compliance certificate for a new kindergarten
2008 - 111: Refusal to issue a code compliance certificate for a 10-year-old townhouse
2008 - 83: Access for people with disabilities to a viewing platform
2008 - 78: Provision of lift access to a unit in an office development
2008 - 68: Provision of an access stair in a proposed multi-storey serviced apartment / hotel building
2008 - 60: Provision of lift access in the alteration and change of use of a commercial building
2008 - 58: Provision of an accessible toilet in a proposed alteration to a building containing a café
2008 - 47: Provision of lift access in a proposed unit–title development containing a cluster of 25 units
2008 - 16: Provision of lift access in the alteration and change of use of a building
2007 - 80: Upgrading of accessible toilet facilities in alterations to a School
2007 - 70: Facilities for people with disabilities in the self-care areas of a Prison
2006 - 104: Access for people with disabilities to a lookout
2006 - 73: Access for people with disabilities to the upper floor of a two storey warehouse and office building
2006/51: Access and facilities for use by people with disabilities
Further information
The Department of Building and Housing has a list of all determinations issued under the Building Act.