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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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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2017/064: Dangerous building notice for a building

This determination considers a dangerous building notice that was issued as a result of notification from the New Zealand Fire Service, and whether there was sufficient evidence to reach the conclusion the building was dangerous. The determination discusses the authority's reliance on the notification issued under the Fire Service Act, the restriction on use for sleeping accommodation included in the notice, and the requirements identified in the notice.

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2017/023: Compliance of the substitution of automatic fire sprinkler systems for heat detectors in a basement carpark

This determination considers the compliance of a Type 6 automatic fire sprinkler system in a basement carpark with Clause C4.3. The determination discusses whether heat detection is required, or if the installed Type 6 automatic fire sprinkler system satisfies the Acceptable Solutions as heat detection. The determination discusses whether there are any significant differences between a sprinkler system and heat detectors that would affect life safety.

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2016/042: Regarding the compliance of a detached building containing two self-contained units

This determination considers whether the building in its proposed use will comply with the Building Code in regards to fire safety, laundering, and food preparation.  The determination discusses the proposed use of the building and whether there will be a change of use under the Regulations.

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2012/075: Regarding the issue of a notice to fix and the amendment of a building consent for a 4-storey commercial building

N/A

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2012/074: Change of use provisions of the Building Act for the alteration of part of a house to a second kitchen

N/A

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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: