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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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335 Determinations match your query
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2019/065: The refusal to grant a building consent for District Court buildings due to the disputed importance levels

This determination considers the authority’s purported refusal to grant a building consent for seismic strengthening work because the authority did not agree with the importance level classification proposed by the structural engineer. The determination discusses whether the subject building should be classified as Importance Level 2 or Importance Level 3 as set out in AS/NZS 1170.0.  This standard is referenced by Verification Method B1/VM1, which is a means of compliance with Building Code Clause B1 Structure. 

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2019/060: Regarding compliance with Building Code Clause B1 Structure of a multi-storey steel framed building

This determination considers the compliance of a recently-completed eight-storey steel framed building. Specific aspects of the completed frame had been brought to the notice of the authority, and the authority also questioned work carried out that varied from the approved consent. The determination considers the compliance of these matters in respect of Building Code Clause B1 Structure

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2019/056: Refusal to grant a building consent in respect of the geotechnical information and proposed foundation design for a proposed building

This determination considers whether sufficient information was provided to support an application for building consent for a multi-unit building in relation to the building’s foundation design. The building is located on land that is being developed for subdivision and the determination also considers matters related to the identification of natural hazards on the site.

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2019/049: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding

This determination considers an authority’s refusal to issue a code compliance certificate for a 20-year-old house principally due to concerns about its compliance with Building Code Clause E2 External moisture. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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2019/047: Regarding the issue of a notice to fix for the relocation of two buildings

This determination considers a building consent authority’s exercise of its power of decision in issuing a notice to fix for the relocation of two buildings and the installation of a wastewater system.  The determination discusses the contraventions for which the notice was issued, who the notice was issued to, and how the provisions of the Building Act apply when a building is relocated.

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2019/036: Regarding a notice to fix and whether a structure on trailers

Note: This determination is subject to appeal

 

This determination concerns a notice to fix issued for two relocated units built on trailers that were relocated onto site and joined via a walkway constructed onsite.  The determination considers whether the structure is a building for the purposes of the Act and whether the units separately are vehicles and not buildings.  It also considers the particulars of contravention identified in the notice to fix and the persons to whom the notice was issued.

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2019/033: Regarding the refusal to issue a code compliance certificate for a 22-year old house

This determination considers the authority’s refusal to issue a code compliance certificate where the building work was carried out without required inspections.  The determination considers the compliance of three areas identified by the authority in its refusal.

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2019/029: Regarding the compliance of a retaining wall and associated sitework with Clause B1 Structure

This determination is concerned with the compliance of a timber retaining wall with Building Code Clause B1 Structure. The determination considers whether the wall once completed will comply with Building Code Clause B1 Structure, and whether the authority was correct not to issue a notice to fix in relation to the retaining wall.

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2019/011: Regarding the substitution of solid timber framing with glue-laminated timber to the wall framing and trusses to a house

This determination considers the use of glue-laminated timber as framing to the walls and roof trusses of a house.  The glue-laminated framing was substituted during construction for solid timber described in the approved building consent without approval being sought.  The determination considers the compliance of the glue-laminated framing and whether the substitution could be considered a minor variation to the approved consent.

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2019/006: Regarding the removal of an insanitary building notice and lack of notification of a natural hazard for a relocated building

Note: This determination is subject to clarification

 

This determination considers the lifting of an insanitary building notice and whether the building in its current state is insanitary or dangerous.  The determination also considers whether two building consents should have been granted subject to notification of the natural hazard inundation, and whether a notice to rectify should have been for building work that was not compliant with the Building Code and for building work carried out without building consent.

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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: