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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2016/029: 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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2016/002: Regarding the issue of a dangerous building notice in respect of a damaged shared driveway

This determination considers the authority’s decision to issue a dangerous building notice for a damaged shared driveway serving several residential properties.  The determination discusses whether the shared driveway is a building under the Building Act.

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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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2015/042: Regarding whether a compliance schedule is required for a substation containing smoke detectors

Discussed definition of a ‘building’ under section 9 and the meaning of ‘intended to be occupied’ in relation to an NUO (network utility operator). Also discussed the definition of a specified system in relation to smoke detectors connected to security systems, and the meaning of ‘contribute to the proper functioning of the building’ and ‘functional requirement’ in section 7.

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2015/026: Regarding the issue of a notice to fix and whether a prefabricated unit is a building or a vehicle

Discussed whether the prefabricated unit is a vehicle, and whether it falls within the definition of a building under section 8 (1) (a) of the Building Act. Also discussed whether the relocation of the unit constituted building work and could be subject to a notice to fix.

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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: