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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2019/017: Regarding a notice to fix and whether a structure on a trailer is a vehicle or a building

Note: This determination is subject to appeal.

 

This determination considers whether a unit on a trailer is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this. The determination discusses the definitions of building and vehicle under section 8 of the Building Act. 

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2019/015: Regarding the refusal to extend the specified intended life of a house

This determination concerns the authority’s refusal to extend the specified intended life of a straw-bale house.  It considers whether the authority had the power to consent to the extension when written notice from the owner proposing to extend the life of the building was not received until after the previous specified life had expired.  The determination discusses the conditions on the consent and the reasons for the specified intended life, the form in which the authority may choose to give consent to extend that life, and the evidence available on the building’s performance.

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2018/043: Refusal to accept a building consent application for a new building

This determination considers the authority’s refusal to accept a building consent application. The determination considers whether sufficient information was provided to the authority as required by section 45 of the Building Act.

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2018/040: Refusal to issue a building consent in respect of custom window joinery

This determination considers whether the authority correctly exercised its powers in refusing to issue a building consent for a new house with a fixed glazing system.

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2018/033: Decision to issue notices to fix for the demolition of a building

This determination considers the authority’s decision to issue notices to fix for demolition work carried out without building consent.  The determination turns on whether the building is 'detached' and accordingly whether demolition of the building is exempt building work under Schedule 1.

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2018/031: Issue of a notice to fix and whether a structure is a building

Note: This determination is subject to clarification

 

This determination considers the authority’s decision to issue a notice to fix for work carried out without building consent.  The determination turns on whether the structure is a ‘building’ under section 8 of the Building Act or is excluded from that definition by section 9 because it is a ‘boat ...used in navigation’.

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2018/025: Notice to fix and whether a structure on a trailer with wheels is a vehicle or a building

This determination considers whether a structure on a trailer with wheels is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 of the Building Act.

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2018/024: Notice to fix and whether a structure on a trailer with wheels at is a vehicle or a building

This determination considers whether a structure is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 of the Building Act.

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2018/016: Notice to fix for construction of a shed without building consent

This determination considers whether the authority correctly exercised its powers in issuing a notice to fix for building work carried out without building consent having been obtained.  The matter turns on whether the building work was exempt under Schedule 1 as a repair or replacement of an outbuilding.

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2018/013: Decision to require a building consent for the installation of a frost fan

This determination considers whether a frost fan falls within the definition of "building", and whether building consent is required for its installation.  The determination also discusses exemptions under Schedule 1 of the Building Act and the authority's requirement for an electrical works certificate

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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: