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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 in relation to each case. Circumstances in one case may differ to others.

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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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2017/070: Refusal to issue a code compliance certificate for a 20-year-old house with mixed claddings

This determination is concerned with the compliance of a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/060: Refusal to issue a code compliance certificate for 19-year-old additions and alterations to a house

This determination is concerned with the compliance of 19-year-old additions and alterations to a house. 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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2017/053: Refusal to issue a code compliance certificate for a 20-year-old house clad with rusticated fibre-cement weatherboards

This determination is concerned with the compliance of the building envelope to a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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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: