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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2020/025: Regarding the authority's decisions to issue a dangerous and insanitary building notice and a certificate of acceptance

This determination considers the authority's decision to issue a dangerous and insanitary building notice and a certificate of acceptance in respect of a sleepout. The determination discusses whether the sleepout was dangerous or insanitary at the time, whether the authority was correct to include a 'restriction of usage' within the issued certificate of acceptance, and the classified use of the sleepout.

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2019/057: Regarding the issue of a notice to fix for building work carried out without a building consent and over a property boundary

This determination considers the decision to issue a notice to fix for the construction of a storage building made up of relocated shipping containers and a roof. The authority is of the view that building work has been carried out which required building consent and therefore there has been a contravention of Section 40. As the building crosses a boundary into an adjacent allotment, the authority is also of the view there has been a contravention of section 75. This determination also discusses whether the containers have undergone a change of use.

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2019/050: Regarding the issue of notices to fix in respect of building work to convert an existing shed and sleep-out to a self-contained unit

This determination considers the issue of a notice to fix in regard to building work carried out to convert an existing shed and sleep-out into a self-contained unit. The determination considers whether the authority was correct to issue the notice to fix, and whether a change of use had occurred. 

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2019/045: Regarding the classified use of a building, which is let out for public accommodation

This determination concerns the classified use of a building that is let out for public accommodation under Clause A1 Classified uses. The determination considers whether the classified use falls within “Detached dwellings” or “Community Service”. 

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2018/065: Classified use of buildings used as accommodation under the Recognised Seasonal Employer Scheme

This determination considers the classified use of buildings on two properties under Clause A1 of the Building Code when they are used by employers as accommodation for seasonal workers under the New Zealand Recognised Seasonal Employer (RSE) scheme.

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2018/050: Notice to fix issued for the change of use of a house

This determination considers whether the building has undergone a change of use and the exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use. The determination considers the use category and whether compliance requirements in the new use are additional or more onerous than the requirements related to the old use.

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2018/045: Classified use of a building let out as accommodation

This determination considers the classified use of a building under Clause A1. The determination also considers the interpretation of intended use, and what constitutes a single household.

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2018/044: Classified use of a main house, which is let out as accommodation

This determination considers the classified use of a building under Clause A1. The determination also considers the interpretation of intended use, and what constitutes a single household.

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2018/015: Notice to fix and the refusal to issue a certificate of acceptance for alterations

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).

Read appeal judgement [PDF 503KB].

This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.

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2017/073: Compliance schedule requirements and the classified use of three proposed commercial poultry sheds

The determination considers whether the correct classified use for the proposed poultry sheds is "industrial" or "outbuilding", and whether the operational systems are specified systems and whether a compliance schedule is required.  It also considers whether the requirements for access and facilities for people with disabilities apply to the poultry sheds.

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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: