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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377 Determinations match your query
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2023/023: Regarding the failure to issue a notice to fix for a concrete slab foundation.

This determination considers the authority's decision to not issue a notice to fix for a concrete slab foundation after complaints were made by the owner.

This determination is subject to appeal.

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2023/019: Regarding the proposed refusals to issue two code compliance certificates for building work to construct and alter a dwelling.

The determination considers the authority’s proposed decisions to refuse to issue code compliance certificates for two separate building consents for the construction, and subsequent alterations, to a detached dwelling. The determination considers the authority’s reasons for the refusals and whether sufficient information has been provided to the authority for it to be satisfied the building work complies with the Building Code that applied at the time the building consents were granted.

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2023/015: Decision to issue a code compliance certificate for the construction of the foundation and floor slab of a vehicle storage shed

This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies with the building consent and Building Code, taking into account all the information now available.

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2023/012: Regarding the decision to issue a code compliance certificate for alterations to an existing residential dwelling

This determination considers the decision by an authority to issue a code compliance certificate for building work undertaken to alter an existing detached residential dwelling. The determination will consider the compliance of specific elements of the building work against the requirements of a building consent and the Building Code, taking into account all the information now available.

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2023/010: Regarding the authority’s decision to refuse to grant an application for a building consent for building work to enclose an existing carport

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers
the authority’s reasons for refusal and whether sufficient information was included in
the building consent application for the authority to be satisfied that the provisions of
the Building Code would be met if the building work were properly completed in
accordance with the plans and specifications that accompanied the application.

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2023/007: Regarding the authority’s decision to refuse to grant a building consent for alterations to an existing building

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers the
authority’s reasons for refusal and whether sufficient information was included in the
building consent application for the authority to be satisfied that the provisions of the
Building Code would be met if the building work were properly completed in accordance
with the plans and specifications that accompanied the application.

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2023/006: Regarding the compliance of a bracing design for a single-storey dwelling

This determination considers whether the bracing design for two external walls of a
single-storey timber-framed dwelling complied with the Building Code. In deciding this
matter, I have considered whether the bracing design complied with the means of
compliance stated in the building consent application, which was New Zealand
Standard NZS 3604:2011 Timber-framed buildings.

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2023/005: Regarding the decision to issue a notice to fix for modifications to a shipping container

The matter to be determined, under section 177(1)(b) and (2)(f), is whether the authority was correct in its decision to issue a notice to fix for the owners’ structure. In deciding this matter, I must consider whether the structure was exempt from requiring a building consent under Schedule 1 of the Act, and whether the authority had sufficient evidence to consider on reasonable grounds that the building work did not comply with the Building Code.

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2022/014: Authority’s decision not to issue a notice to fix for earthworks and a retaining wall

This determination considers whether the authority was correct to refuse to issue a notice to fix for site works that occurred over a period of years. The determination also considers the compliance of the work and status of the developer as a specified person.

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2022/013: Authority’s refusal to grant a building consent for the construction of a dwelling

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers whether sufficient information was included in the building consent application.

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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: