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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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2017/015: Regarding the 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:  This determination is subject to appeal.

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:  This determination is subject to appeal.

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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2016/019: Regarding the code compliance of a shed on wheels at a neighbouring property, and whether the shed is a vehicle or building

This determination discusses the definitions of building and vehicle under section 8, and whether a shed on wheels that is registered as a vehicle under the Land Transport Act is a building for the purposes of the Building Act. The determination also considers whether the building work was exempt under Schedule 1, the compliance of the shed with Clauses C and E1 in relation to other property.

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2016/010: Regarding the issue of a notice to fix and whether a houseboat is a building

This determination considers the authority’s exercise of its powers of decision in issuing a notice to fix for a houseboat used as temporary accommodation. The determination turned on whether the houseboat is a building under the Building Act 2004 and provides for some guidance around when a boat falls within the building regulatory regime.

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2015/067: A notice to fix for three prefabricated units connected together and whether the units joined together are a building or a vehicle

This determination discusses the approach to be used when establishing whether a portable unit is a building for the purposes of the Building Act, including factors to consider when deciding if it is immovable and occupied on a permanent or long term basis. The determination includes a decision tree that can be utilised in other cases, and applies the framework in this case where three portable units were connected together.

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2015/059: Regarding the building importance level of two proposed buildings at a hospital

This determination discusses the application of importance levels in the seismic loading standard AS/NZS 1170 for two new hospital buildings as a means of compliance with B1/VM1 in relation to Clause B1 of the Building Code.

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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: