I have just finished reading the Determination listed above for the warehouse alterations.
I think that there are some things that are not correct in the Determination.
MBIE have said that the whole building must be tested under s17.
MBIE also refer to a Determination from 2004 (when I was at BIA). This was signed by John Ryan. The design was originally to the 1991 Act for staged building works and various CCC for stages were given by a certifier. A complete building CCC was (I believe) not issued, so it remained a “live” consent on the basis of the ongoing building work.
The important fact here is that CCC for the entire building was not issued, so the building was not complete and all stages had to show compliance as per a new building (Section 17), as they were amendments to the original prior to final CCC.
This particular Determination is based on the 2004 Act is on a building that has CCC for the building (therefore legally exists). From that point on any work is tested under section 112 (Alterations to an EXISTING building). Section 17 applies to the new work of course, but not to the entire building. Full compliance may be desired, but not necessary as s112 applies.
Also in the Determination FENZ pointed out that a selective choice of parts of VM2 were used…that was obviously said before the legal advice shared to all last year. However it remains the case that a design can be submitted in any form and using any method, or parts thereof as allowed by the Act. Happy to share that again if needed…
The outcome of the Determination is, in my view, not in line with the legislation, or the Determination referred to from 2004.