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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2019/021: Regarding compliance with Clause D1 of a staircase to the mezzanine level of a farm building

This determination considers the compliance of a set of stairs designed for access to a mezzanine level in a farm building.  The determination discusses the classified use of the building and how the limits on application apply with regard to Clause D1 Access routes.

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2019/018: Regarding the code-compliance of a proposed design for a domestic driveway

Note: This determination is subject to appeal.


This determination considers the compliance of a proposed design for a domestic driveway with Building Code Clause D1 Access routes, in particular in relation to the cross fall and gradient.  The determination discusses the extent to which the performance criteria in Clause D1 apply to driveways constructed in association with a dwelling and where the driveway is used by both pedestrians and vehicles.

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2018/027: Refusal to issue a code compliance certificate for bored piles to a stadium building

The determination considers the authority’s reasons for refusing to issue the code compliance certificate, and discusses the authority’s concerns about aspects of PS3 and PS4 producer statements provided in support of the application for a code compliance certificate.

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2018/026: Issue of a notice to fix in respect of building work undertaken without building consent

Note: This determination is subject to clarification


This determination considers a notice to fix issued for the rebuilding, without a building consent, of a small extension or lean-to attached to a house. The matter turns on whether the components or assemblies replaced in the rebuilding of the structure were in the same position such that they were exempt under Schedule 1from the requirement for a consent, and whether the notice to fix was correctly issued.

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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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2017/027: Compliance of space saver stairs as an alternative solution

This determination considers the compliance of space saver stairs to a mezzanine level in a house. The determination discusses how the intended use of the mezzanine level will affect the Acceptable Solution design requirements, and whether the stairs comply with Clause D1 as an alternative solution.

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2017/009: Compliance with Clause D1 in regards to the use of balustrade capping as a handrail in a house

This determination considers whether a balustrade handrail as constructed complies with Clause D1. The determination considers the use of the balustrade capping as a handrail and discusses the relevant width measurement and whether the capping is sufficient to provide a firm grasp in the event of a fall.

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2012/061: Regarding the compliance of door handles installed in school classrooms

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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: