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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2022/014: Authority’s decision not to issue a notice to fix for earthworks and a retaining wall

This determination considers whether the authority was correct to refuse to issue a notice to fix for site works that occurred over a period of years. The determination also considers the compliance of the work and status of the developer as a specified person.

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2022/013: Authority’s refusal to grant a building consent for the construction of a dwelling

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers whether sufficient information was included in the building consent application.

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2022/012: Whether a building which is occasionally used for public accommodation falls within the classified use 'detached dwellings'

The determination concerns the classified use of a building that is let out on occasion for public accommodation. The determination considers whether the classified use falls within "Detached dwellings" or "Community service" under Building Code Clause A1 - Classified uses.

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2022/011: Considering the authority's decision to issue a code compliance certificate for a pool barrier

This determination considers the authority's decision to issue a code compliance certificate for a pool barrier. The determination considers whether the area enclosed by the pool barrier should be included within the immediate pool area.

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2022/010: The authority's refusal to grant a building consent for foundations, a deck, a roof structure, and the installation of a solid fuel heater

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers the authority's reasons for the refusal and whether sufficient information was included in the building consent application for the authority to be satisfied that the provisions of the Building Code would be met if the building work were properly completed in accordance with the plans and specifications under section 49 of the Building Act.

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2022/009: Regarding the purported refusal of a code compliance certificate for building work undertaken in 1997

This determination considers building work that was carried out to a boarding house in 1997 and how the transitional provisions of the Building Act 2004 apply to building work that differed from the approved plans.

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2022/008: Compliance of a timber retaining wall with Building Code clauses B1 Structure and E1 Surface Water that provide protection of other property

This determination considers whether building work to construct a new retaining wall close to the boundary between two properties complies with Building Code clauses B1 Structure and E1 Surface water that have the purpose of protecting other property.

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2022/007: The proposed or purported refusal by an authority to issue code compliance certificates and certificates of acceptance for building work

This determination considers an authority's exercise of decision to propose or purport to refuse to issue two code compliance certificates and grant two certificates of acceptance, related to the construction of several retaining walls and remedial work to the underside of a timber deck. The building work is the subject of various specialist reports from a number of different geotechnical and structural chartered professional engineers. The determination discusses the reasons given by the authority for the refusals.

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2022/006: The compliance with Clause F9 Means of restricting access to residential pools of a pool barrier incorporating a microchip operated pet door

This determination considers whether the pool barrier that incorporates a pet door with modifiable controls complies with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination assesses the compliance of the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.

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2022/005: Compliance of building work with Building Code clauses B1 Structure and E1 Surface Water, that provide protection of other property

This determination considers whether building work to construct an extension to an existing deck, a new retaining wall, and other structures along a boundary between two properties, comply with Building Code Clauses B1 Structure and E1 Surface Water that provide for the protection of other property.

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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: