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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2024/001: Regarding the issue of a dangerous and affected building notice for a residential dwelling

This determination considers an authority's decision in issuing a dangerous and affected building notice for a dwelling. The determination considers the status of the building at the time the notice was issued and takes into account all the information that is now available.

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2017/064: Dangerous building notice for a building

This determination considers a dangerous building notice that was issued as a result of notification from the New Zealand Fire Service, and whether there was sufficient evidence to reach the conclusion the building was dangerous. The determination discusses the authority's reliance on the notification issued under the Fire Service Act, the restriction on use for sleeping accommodation included in the notice, and the requirements identified in the notice.

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2016/037: Regarding dangerous building notices issued

This determination considers whether an authority was correct to issue dangerous building notices in respect of a concrete block retaining wall and fence located on the boundary between two properties: one notice was issued to each owner.  The determination considers the state of the wall and likelihood it will collapse; and what can be done to render the wall safe.

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2015/065: Regarding the issue of a dangerous and insanitary building notice for a building

This determination considers whether the building is dangerous with regard to the building’s structure and the slope behind the building. The determination also discusses the application of sections 124 and 125, the subsection the notice was issued under, to whom the notice was served, and the content and wording of the notice.

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2015/061: Regarding the issue of dangerous building notices in respect of cantilevered timber-framed decks to 3 monolithic-clad apartment buildings

This determination considers the issue of a dangerous building notice in respect of timber-framed decks to three apartment buildings. Remedial work resulting from water ingress has been carrier out to two decks, and a dangerous building notice has been issued in respect of the remaining decks.

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2015/002: Regarding the issue of a section 124 Building Act notice (relating to geotechnical hazards) on the property

Discussed whether the authority acted appropriately in ongoing reviews and actions (use of tools and methodologies available to it) in issuing a section 124 notice in an area affected by rock fall. It discussed modification of the meaning of dangerous building, the expiry of orders and applying new section 124 notices using the modified definition.

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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: