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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2016/032: Regarding the use of existing drains for a new dwelling

This determination considers a requirement put in place after a building consent was issued to replace existing drains on a property where a new dwelling was being constructed.  The decision turns on the means of compliance stated in the building consent and the authority’s powers after the consent was issued.  The determination also discusses the Building Code obligations that apply in regards to drainage systems and the performance requirements and assessment of existing drains.

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2016/011: Regarding the issue of a notice to fix for a pit latrine, showering shed, water supply system, and two Shepherd's huts

This determination involves a number of small structures constructed on a rural property without building consent first being obtained; it was the owners’ understanding that the building work was exempt under Schedule 1. The determination discusses whether the two shepherd’s huts are buildings, and the clauses of the Building Code that apply in respect of the pit latrine, a latrine with a chemical toilet, the showering shed and the water supply system.

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2009/031: Amendment to a compliance schedule for a an industrial building

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2006/050: Disposal of free water overflow

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1997/008: Light fittings in a bulk grain and meal store

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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: