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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2024/049: An authority’s decision to issue a notice to fix for a small detached building

This determination considers an authority’s decision to issue a notice to fix in relation to a small, detached building. The notice to fix alleges the owners have carried out building work without a building consent and that some of the building work does not comply with Building Code Clause B1 Structure. The determination considers the authority’s grounds for issuing the notice to fix, and the form and content of the notice.

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2024/048: Regarding an authority’s decision to grant a building consent

This determination considers an authority’s decision to grant a building consent regarding building work associated with the relocation of an existing dwelling. The authority believes it granted the building consent in error, and that decision should be reversed, due to concerns that have subsequently arisen with the designs for the onsite surface water and foul water disposal systems.

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2024/047: An authority's decision to issue a notice to fix for a change of use of a house.

This determination considers an authority’s decision to issue a notice to fix. The determination considers whether a change of use has occurred, the remedies in the notice, and whether section 167 of the Building Act applies.

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2024/046: The issuing of two notices to fix for a newly constructed indoor playground

This determination considers decisions by an authority to issue two notices to fix regarding a newly constructed indoor playground comprising four separate structures. The determination considers the form and content of the notices, and whether there were grounds to issue the notices, including whether the building work was exempt from the requirement to obtain a consent, and whether the playground complies with Building Code Clause B1 Structure.

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2024/045: Regarding an authority's decision to refuse to remove an entry on the record of title relating to a natural hazard under section 74

This determination considers an authority’s decision to refuse to remove an entry on the property’s record of title relating to a natural hazard. It discusses whether the property is subject or likely to be subject to the natural hazard of slippage.

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2024/044: Whether a swimming pool barrier complies with Clause F9 of the Building Code

This determination considers whether a swimming pool barrier complies with Clause F9.3.3 in relation to a pole on the outside of the barrier. The determination discusses whether the pole could assist children under 5 years of age in negotiating the barrier.

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2024/043: Regarding the purported refusal of a building consent.

This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.

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2024/042: Regarding the compliance of external timber wall cladding

This determination considers the compliance with Building Code Clauses B2 Durability and E2 External Moisture of vertical shiplap Siberian larch timber wall cladding installed on a residential dwelling.

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2024/041: Regarding the authority’s refusal to grant a building consent for building work to replace the existing fire alarm system in a cool store.

This determination considers the decision by the authority to refuse to grant a building consent for work to disestablish an existing sprinkler system. The authority considered that there were outstanding issues regarding the fire load within the building, the proposed replacement warning system, and the fire rating requirements for the building. The determination discusses the outstanding issues at the time the building consent was refused, and the refusal letter issued by the authority.

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2024/040: The compliance with clause B2 Durability of macrocarpa timber cladding containing knots.

The determination will consider whether the macrocarpa timber cladding complies with Building Code clause B2 Durability with regard to knots in the timber boards.

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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: