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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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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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2017/069: Notice to fix concerning the installation of a solar water heating system

This determination considers a notice to fix issued for the installation of a solar water heating system without building consent being obtained. The matter turns on whether installation of the system including the solar collectors was exempt under Schedule 1.

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2017/067: Notice to fix for three shipping containers transported to site and joined together for use as a shed

This determination considers whether the authority was correct to issue a notice to fix for three modified shipping containers transported to site and joined together to form a shed. The determination considers the definition of "building" and "building work", and discusses the content of the notice to fix.

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2017/065: Notice to fix for building work carried out without building consent in relation to relocated structures

This determination considers the definitions of building under section 8 and building work under section 7, and whether the relocated structure is a building for the purposes of the Building Act. The determination also discusses the particulars of contravention/non-compliance described in the notice to fix with regard to building work carried out without building consent.

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2017/058: Notice to fix and whether a structure on wheels is a building

This determination considers the definitions of building and vehicle under section 8, and whether a structure modified to attach wheels and a drawbar is a building for the purposes of the Building Act. The determination also discusses the particulars of contravention/non-compliance described in the notice to fix.

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2017/015: Grant of a building consent across two allotments

This determination considers the definition of an 'owner' for the purposes of section 75 and whether a section 75 certificate was required on the building consent. The determination discusses whether a building consent can be granted over two allotments to a leaseholder without requiring a section 75 certificate.

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2016/053: Regarding the exemption from the requirement for a building consent for foundation relevelling using expanding resin to a house

This determination considers whether the authority was correct in requiring an application for building consent or whether the proposed building work, to relevel the house foundations by injecting expanding resin, was exempt under Schedule 1.  The determination discusses the whether the expanding resin is a ‘comparable component’ in terms of the foundation system, and whether the proposed building work is a ‘substantial replacement’.

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2016/040: Regarding the grant of a building consent for a modular house, and the use of modules designed locally but prefabricated offshore

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v S Liaw (District Court, Auckland, 30 June 2017, CIV-2016-004-001575).

Appeal judgment [PDF 188 KB]

This determination considers whether the authority has exercised its powers correctly in granting a building consent for a house design that had a national multiple-use approval and consisted of modules that were manufactured offshore. The determination considers the extent to which the Building Act and its Regulations apply to the prefabricated modules, and discusses the range of information Building Consent Authorities can seek to satisfy themselves that the construction of the prefabricated components will comply with the plans and specifications. 

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2016/039: Regarding the grant of a building consent for a modular house, and the use of modules designed locally but prefabricated offshore

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v S Liaw (District Court, Auckland, 30 June 2017, CIV-2016-004-001575).

Appeal judgment [PDF 188 KB]

This determination considers whether the authority has exercised its powers correctly in granting a building consent for a house design that had a national multiple-use approval and consisted of modules that were manufactured offshore. The determination considers the extent to which the Building Act and its Regulations apply to the prefabricated modules, and discusses the range of information Building Consent Authorities can seek to satisfy themselves that the construction of the prefabricated components will comply with the plans and specifications.  

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2016/029: Regarding the issue of a notice to fix for three cabins constructed without building consent

This determination considers three cabins constructed for the use of sleeping accommodation at an ashram and whether the building work was exempt from the requirement to obtain building consent under Schedule 1. The determination discusses the definition of the term “dwelling” as it relates to Schedule 1(3)(d).

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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: