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Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.

Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.

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2026/046: Regarding compliance of building work with clause E1.3.1 and decisions in relation to that building

This determination considers an authority’s decision to issue a code compliance certificate for building work carried out at 575 Don Buck Road, and whether that building work complies with clause E1 Surface water as it relates to protection of other property. The matter turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage at 579 Don Buck Road.
Determination 2026/046 [PDF 412 KB] Date issued: 9 November 2026

About this document

Primary Building Code clause:
E1 - Surface Water
Primary topic:
Surface water
Council:
Auckland Council
Section of the Building Act:
17, 94 and 95.
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2026/045: Refusal to grant a building consent for a staged building that included an alternative fire design

This determination considers the reasons for the refusal of a staged building consent by the authority that included a proposed oxygen reduction system as an alternative solution to comply with the fire safety provisions. The determination also discusses the staging of building consents and provides commentary for the parties in assessing the proposed system.
Determination 2026/045 [PDF 220 KB] Date issued: 6 November 2026

About this document

Primary Building Code clause:
C4 - Movement to a place of safety
Primary topic:
Fire safety
Council:
Western Bay of Plenty District Council
Section of the Building Act:
50.
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2026/044: Compliance with E1.3.1 for protection of other property and the refusal to issue a notice to fix

This determination considers whether building work carried out at 6 Oakum Road complies with Clause E1.3.1 in relation to the protection of ‘other property’ and the authority’s decision to refuse to issue a notice to fix. The determination considers whether surface water collected and concentrated by the building work is disposed of in a way that avoids the likelihood of nuisance or damage to 4 Oakum Road.
Determination 2026/044 [PDF 162 KB] Date issued: 3 November 2026

About this document

Primary Building Code clause:
E1 - Surface Water
Primary topic:
Surface water
Council:
Porirua City Council
Section of the Building Act:
164 and 17.
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2026/043: Regarding the compliance of a retaining wall and associated sitework with Clause B1 Structure

This determination relates to the construction of a new blockwork retaining wall and associated sitework. It considers three matters: whether the retaining wall and associated site work complies with Clause B1 Structure as it relates to other property, the authority’s decision to issue a code compliance certificate for the building work, and the authority’s alleged failure to issue a notice to fix in relation to the building work.
Determination 2026/043 [PDF 236 KB] Date issued: 2 November 2026

About this document

Primary Building Code clause:
B1 - Structure
Primary topic:
Compliance
Council:
Christchurch City Council
Section of the Building Act:
163, 164, 17 and 40.
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2026/042: Regarding a proposed change of use from former Plunket Rooms to a residential dwelling

This determination considers an authority’s decision to refuse to provide a written notice for a change of use under section 115 of the Building Act due to concerns regarding the structural performance of the existing building.
Determination 2026/042 [PDF 241 KB] Date issued: 30 October 2026

About this document

Primary Building Code clause:
B1 - Structure
Primary topic:
Structure
Council:
Christchurch City Council
Section of the Building Act:
114 and 115
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2026/041: Compliance of raised garden areas and a pedestrian ramp with Building Code clause F4 Safety from falling

The determination considers if certain parts of the property, namely three raised gardens and a pedestrian ramp, comply with Building Code clause F4 Safety from falling. The determination discusses whether people will be in a position where there is a likelihood of an accidental fall of one metre or more.
Determination 2026/041 [PDF 223 KB] Date issued: 28 October 2026

About this document

Primary Building Code clause:
F4 - Safety from falling
Primary topic:
Safety of Users
Council:
Auckland Council
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2026/040: An authority’s decision to issue a notice to fix in relation to a building warrant of fitness obligations

This determination concerns a notice to fix issued for a failure to supply a building warrant of fitness in contravention of section 108 of the Building Act.  The determination considers the form and content of the notice to fix, and whether the building is being used wholly as a single household unit and so would not require a compliance schedule.
Determination 2026/040 [PDF 197 KB] Date issued: 16 October 2026

About this document

Primary Building Code clause:
A1 - Classified Uses
Primary topic:
Building warrant of fitness
Council:
Far North District Council
Section of the Building Act:
100, 105, 108, 163, 164 and 165
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2026/039: An authority’s purported decision to refuse a building consent for cladding with an appraisal

This determination considers an authority’s purported decision to refuse to grant a building consent for alterations to an existing dwelling, that includes a partial reclad with a bamboo cladding system. The reasons for the purported refusal come from the authority’s request for further information and subsequent correspondence and relate to a BEAL appraisal certificate provided in respect of the bamboo cladding system.
Determination 2026/039 [PDF 149 KB] Date issued: 15 October 2026

About this document

Primary Building Code clause:
E2 - External Moisture
Primary topic:
Building controls process
Council:
Wellington City Council
Section of the Building Act:
17, 48 and 50
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2026/038: An authority’s decision to issue a notice to fix for building work to an apartment deck

This determination relates to a notice to fix where the authority considered that work on a Unit’s existing deck and door threshold, and the installation of a new rainwater head and downpipe from the deck, undertaken without a building consent, was building work regulated under the Building Act. The determination also considers the content of the notice to fix.
Determination 2026/038 [PDF 240 KB] Date issued: 15 October 2026

About this document

Primary Building Code clause:
B1 - Structure
Also related to:
E1 - Surface Water
Primary topic:
Notice to fix
Council:
Auckland Council
Section of the Building Act:
163, 164, 165, 40 and Schedule 1.
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2026/037: An authority’s decision to issue a notice to fix in relation to the height of part of a pool barrier

This determination concerns a notice to fix issued in respect of an existing pool barrier for a contravention of section 162C of the Building Act. The part of the barrier in dispute because of its height is located on the boundary of the property. The determination considers the requirements of Building Code Clause F9 Means of restricting access to residential pools, and also discusses the form and content of the notice to fix.
Determination 2026/037 [PDF 184 KB] Date issued: 14 October 2026

About this document

Also related to:
F9 - Restricting access to residential pools
Primary topic:
Pool safety
Council:
Masterton District Council
Section of the Building Act:
162C, 163, 164 and 165
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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people:

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