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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2025/044: Whether a bedroom in a proposed multi-unit building complies with the scope of Acceptable Solution G7/AS1

This determination considers the compliance pathways applicable to a bedroom in a proposed multi-unit building in relation to Building Code Clause G7 – Natural light.

It specifically discusses the scope of Acceptable Solution G7/AS1, as well as the exclusions outlined in paragraph 1.1.2.1 of that document, as they apply to a bedroom window located within a return feature of the proposed building’s façade.

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2025/043: The authority’s decision to issue a notice to fix for a change of use

This determination is about a notice to fix issued for a change of use of a building without prior approval from the authority.

The determination considers whether the building’s use had changed for the purposes of the Building Act and whether the notice had been issued to a specified person.

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2025/042: An authority’s decision to issue a notice to fix for a mixed-use building

This determination considers whether a change of use occurred as a result of building work to increase the number of bedrooms for an existing residential unit in a mixed-use building.

The determination discusses the features and arrangements of the unit and the authority’s decision to then issue a notice to fix. It also discusses whether the unit is classified as a ‘detached dwelling’ under Building Code Cause A1 Classified Uses.

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2025/041: An authority’s decision to grant a building consent under section 72 for building work on land subject to slippage

This determination considers an authority’s decision to grant a building consent under section 72.

The determination considers the natural hazard provisions, including whether the land is subject or likely to be subject to the natural hazard of slippage, and whether to grant a modification of clause B1 Structure.

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2025/040: An authority’s purported decision to refuse to grant a building consent in respect of a bamboo cladding system and accompanying appraisal.

This determination considers an authority’s purported decision to refuse to grant a building consent for a new dwelling with a proposed bamboo cladding system.

The reasons for the purported refusal come from the authority’s requests for further information and correspondence and relate to a BEAL appraisal certificate provided in respect of the bamboo cladding system.  

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2025/039: Regarding a notice to fix issued for a unit the owners consider is a vehicle

This determination concerns the issue of a notice to fix for a unit the owners consider is a vehicle.

The unit was moved to the property and connected to services. The determination considers the content of the notice to fix issued for carrying out building work without building consent.

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2025/038: Whether parties identified in a notice to fix were specified persons, the adequacy of the remedies in the notice and the timeframe provided

This determination considers the issuing of a notice to fix for retaining wall works.

It examines whether the director of the owning company was correctly identified as a specified person under section 163, the adequacy of the remedies proposed in the notice, and the reasonableness of the four-month compliance timeframe. 

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2025/037: Refusal to issue a code compliance certificate and compliance of a pool, deck and pool barrier

This determination considers an authority’s decision to refuse to issue a code compliance certificate for the construction of a new house with a pool.

The determination considers compliance of the as-built construction of a swim/spa pool with an adjoining timber deck and glass safety barrier in relation to safety from falling (clause F4) and restricting access to the pool by unsupervised young children (clause F9).

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2025/036: Whether a pool barrier complies with clause F9 of the Building Code and whether to grant a waiver of section 162C(1) Building Act 2004

This determination considers whether a residential pool with an adjacent set of steps complies with clause F9 of the Building Code to restrict access of young children to the pool.

The determination also considers whether granting a waiver under section 188(3A) of the Act would significantly increase the danger to children under five years of age.

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2025/035: Compliance of horizontal rusticated weatherboard wall cladding as-built with double-nail fixings with Clauses B2 and E2

This determination considers compliance with Building Code Clauses B2 Durability and E2 External Moisture of horizontal rusticated cedar weatherboard wall cladding in respect of the as-built double-nail fixing pattern of the weatherboards.

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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: