Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.

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2018/036: Regarding the compliance of a new swimming pool complex, in relation to access for people with disabilities into the pools

This determination considers whether installation of a hoist will satisfy the provisions concerning access for people with disabilities to the pool.  The determination considers whether members of the public will be admitted to the pool and therefore whether section 118 applies, and whether a waiver or modification of Clause D1 can be granted.

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2018/034: The refusal of a code compliance certificate for an addition

This determination considers the authority's refusal to issue the code compliance certificate for a substantial addition to an existing studio building. The refusal arose from matters related to Building Code Clauses D1, E2, E3, and F4, but the principle issue was an ongoing dispute about the water from neighbouring properties and a small drain that has been installed to divert some of this water. The determination considers whether the drain formed part of the consented work or not.

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2018/032: Regarding open risers in an existing building undergoing alterations

This determination considers the authority’s refusal to grant an amendment to a building consent for alterations.  The applicant seeks to remove the requirement to close risers to the single set of stairs providing access to the upper level.  The determination discusses the application of section 112(1)(a) in the circumstances, and the assessment of compliance with Clause D1 Access routes to the extent "as nearly as is reasonably practicable"

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2018/018: Decision to aggregate the floor areas of two buildings in a new development to determine Clause D1 Access requirements

This determination considers the access requirements for a new office building being constructed as part of a development that includes an adjacent hotel.  The determination discusses aggregation of floor areas for the purpose of establishing whether the requirement for a lift is triggered.

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2018/009: Refusal to issue a code compliance certificate in respect of remedial work to decks

This determination considers the compliance of the remedial work carried out to eight decks. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2018/008: Accessible parking facilities for a proposed mixed-use building

This determination considers the compliance of a proposed building in respect of parking provisions for people with disabilities to access the commercial spaces on the ground floor. The building contains mechanical stacking car parks that have been designated for use by residents only.

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2018/007: Compliance of door thresholds to a proposed gymnasium in a school

This determination considers the compliance of door thresholds to a proposed gymnasium in a school where the threshold incorporates a change in level of 20mm between the external and internal surfaces.  The determination assesses the detail against the Acceptable Solutions D1/AS1, C/AS4 and E2/AS1 and discusses the terms “stepped threshold”, “weather stop” and “isolated step”.

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2017/084: Compliance of new building without a lift with regard to disability access

This determination considers whether a new two-storey building without a lift to the upper level bar/restaurant complies with Clause D1. The determination also discusses the relationship between the criteria in the Building Code and the New Zealand Standard NZS 4121: Design for Access and Mobility in relation to buildings requiring a lift.

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2017/081: Compliance of ground floor stairs landing in residential unit

This determination considers the compliance of a 435mm long landing at the bottom of a set of internal stairs.  The determination compares the landing length with the Acceptable Solution and discusses whether there is adequate activity space between the door and the stairs.

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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: