Skip to main content.

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.

Find a determination

Applying filters will narrow down your search results

Find a determination

Search results

80 Determinations match your query
Show detailed results

2017/026: Notice to fix issued in respect of a commercial laundromat

Note: This determination is subject to clarification.

This determination was sought by the authority in regards to whether a notice to fix was correctly issued to the designer as a specified person, and whether the sprinkler system is a specified system for the purpose of the compliance schedule and building warrant of fitness.  The determination also considers the compliance of particular features of the building, and discusses the various contraventions listed in the notice to fix.

About this document

2017/024: Conditions on a consent for independent construction monitoring and certification in regard to recladding of apartments

This determination considers whether there was sufficient information provided in the building consent application and available to the authority as part of its own inspections, without the independent construction monitoring and certificate for the cladding system, to allow the authority to be satisfied on reasonable grounds that the building work woudl comply with the relevant clauses of the Building Code if the building work was carried out in accordance with the plans and specifications.

About this document

2016/062: Regarding additional information required by the authority before issuing a code compliance certificate for a house and garage

This determination considers the information required to establish on reasonable grounds that specific elements of building work complies with the relevant clauses of the Building Code.  At issue was the compatibility of plumbing fittings and pipes from different manufacturers, and whether evidence of construction monitoring was required.

About this document

2016/054: Regarding the decision to issue a code compliance certificate in respect of earthquake repairs to a house

This determination considers a request by the authority to reverse its decision to issue a code compliance certificate; the authority became aware that the building work was not compliant with the building consent or with the Building Code. The determination discusses the scope of the authority's powers in respect of withdrawing code compliance certificates, and concludes that this can only be done through a determination.

About this document

2016/030: Regarding the authority's requirement for a named timber remediation expert in relation to a building consent for the recladding of a house

This determination considers the authority's exercise of its powers in respect of conditions on a building consent for the partial recladding of a house relating to the possibility of timber framing requiring remediation.

About this document

2016/018: Regarding the issue of a notice to fix for a two-cell earthship building

This determination considers whether a two-celled rammed earth building constructed without consent was exempt under Schedule 1 and whether the authority was correct to issue a notice to fix. The determination discusses the remedies provided for in the notice, and discusses issues relating to an application for a certificate of acceptance.

About this document

2016/017: Regarding the issuing of a code compliance certificate for a house

This determination was sought by the building consent authority to reverse a code compliance certificate in order to address an administrative error. The authority had incorrectly issued the code compliance certificate specifically excluding an element of building work that had been approved in the building consent.

About this document

2015/085:Regarding the authority’s exercise of its powers of decision in relation to a building consent application for an earthquake-prone building

This determination considers the authority’s decision to refuse to issue a building consent for alterations to an existing earthquake-prone building.  The alterations were for an internal fitout on the ground floor of the three-storey commercial building.  The determination considers the authority’s policy on earthquake-prone buildings in relation to the proposed work, and some matters in relation to the policy itself.  Detailed discussion on the policy will follow in a further determination. 

About this document

2015/064: Authority's exercise of powers of decision in refusing to grant consent for an addition to an existing building

This determination discusses considerations in granting building consent for an addition to an existing building where a change of use has occurred without approval and where building work had been carried out without consent when consent was required.

About this document

2015/041: Regarding the failure to issue a section 124 Building Act notice (relating to geotechnical hazards) on a property

Discussed the meaning of ‘dangerous building’ in relation to rock fall and the assessment methodology; whether the modified definition introduced into section 121 by the 2011 Order was relevant at the time; the expiry of section 124 notices relying on said modified definition; and the approach to defining ‘relevant risk’.

About this document

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: