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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2022/014: Authority’s decision not to issue a notice to fix for earthworks and a retaining wall

This determination considers whether the authority was correct to refuse to issue a notice to fix for site works that occurred over a period of years. The determination also considers the compliance of the work and status of the developer as a specified person.

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2022/013: Authority’s refusal to grant a building consent for the construction of a dwelling

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers whether sufficient information was included in the building consent application.

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2022/009: Regarding the purported refusal of a code compliance certificate for building work undertaken in 1997

This determination considers building work that was carried out to a boarding house in 1997 and how the transitional provisions of the Building Act 2004 apply to building work that differed from the approved plans.

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2022/007: The proposed or purported refusal by an authority to issue code compliance certificates and certificates of acceptance for building work

This determination considers an authority's exercise of decision to propose or purport to refuse to issue two code compliance certificates and grant two certificates of acceptance, related to the construction of several retaining walls and remedial work to the underside of a timber deck. The building work is the subject of various specialist reports from a number of different geotechnical and structural chartered professional engineers. The determination discusses the reasons given by the authority for the refusals.

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2021/027: Regarding the authority’s refusal to grant building consents for the construction of new residential dwellings

This determination considers whether the authority was correct in its purported refusal of three building consent applications for proposed dwellings under sections 49 and 50 of the Building Act 2004. The determination discusses the authority's reasons for refusal, and whether the authority was correct to refuse the applications for the reasons given.

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2021/023: Regarding the purported refusal by an authority to grant a building consent for proposed new timber retaining walls

This determination considers an authority's purported exercise of decision not to grant a building consent on the basis that a producer statement design, related to the design of new timber retaining walls, which has not been signed by a registered Chartered Professional Engineer. The determination will discuss the status of a producer statement, some factors for an authority to consider when assessing a producer statement, and how these apply in this case.

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2021/016: Regarding the decision to issue a notice to fix for a retaining wall

This determination considers the authority's decision to issue a notice to fix relating to a retaining wall surrounding a tennis court in a rural location. In making this decision the determination will consider the south and west sections of the retaining wall and whether the building work done to these sections falls under clause 41 of Schedule 1 of the Act.

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2021/008: Regarding the authority's decision to issue a code compliance certificate for a new dwelling

This determination considers whether an authority was correct to issue a code compliance certificate for a new dwelling. The determination considers whether the building is compliant, and whether the authority would have been aware of any non-compliance when issuing the code compliance certificate.

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2021/005: Regarding the refusal to issue a building consent for building work associated with a relocated cabin

This determination concerns a refusal to issue a building consent for the construction of foundations for a relocated cabin and associated fixings and connections. The determination considers the reasons given for the refusal, which relate to establishing the Building Code compliance of the cabin itself. The determination also provides comment on the provisions relating to certificates of acceptance.

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2020/027: Regarding the issue of a dangerous building notice requiring repair work to be carried out to the building

This determination considers the issue of a dangerous building notice for an unreinforced masonry building, specifically in relation to the building work that was detailed in the notice as being required to reduce or remove the danger. The determination discusses whether the installation of hoarding and fencing meant the building was no longer dangerous, and what the Building Act requires of a dangerous building notice.

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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: