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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2018/063: Building Code compliance of the proposed location for large toilet paper dispensers in accessible public toilets

This determination considers the code compliance of large toilet paper dispensers installed in prefabricated public toilets - the location of the dispensers differs from that shown in the relevant Acceptable Solution.  The prefabricated toilets are built under a consent issued at the point of manufacture and relocated throughout the country using a separate buidling consent for the site installation.

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2018/014: Refusal of a code compliance certificate for alterations to a house

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

2017/019: The number of personal hygiene facilities in a school building undergoing alterations

This determination considers whether the proposed alterations, with a reduced number of toilets, will comply with the Building Code to the extent required by section 112.  The determination discusses the tests under section 112(b) in regards to a reduction in the level of performance achieved in the existing building.

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2015/032: Refusal to issue a building consent for remedial work to improve weathertightness issues to a house with a code compliance certificate

This determination covered technical issues about a proprietary system provider’s methodologies and technologies relating to liquid and foaming injection timber treatment systems used to slow the rate of decay. Discussed whether timber treatment process is building work, and whether targeted treatment can be exempt from building consent under Schedule 1 of the Act as maintenance. Discussed impacts on bracing capacity, air volatility, and the use of drying skirts. Also mentioned the provision of new plans as opposed to copied plans.

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2010/066: The provision of access and facilities for people with disabilities to a new building

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2010/001: Whether an existing shopping centre is insanitary under section 123 of the Building Act


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2009/070: Provision of accessible toilet facilities in an altered office building in an industrial complex

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Talley's Group Limited v Tasman District Council (District Court, Wellington, 19 August 2010, CIV-2009-085-1156).

Appeal judgment [PDF 413 KB]

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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: