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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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2019/068: Regarding the issue of an earthquake-prone building notice for a multi-unit, multi-storey apartment building

This determination considers the issue of an earthquake-prone building notice for a six storey reinforced concrete residential building.  The determination considers the process the authority followed in issuing the notice, and process as prescribed in the legislation and the earthquake-prone building methodology.

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2015/082: Regarding the authority’s exercise of powers in issuing an earthquake-prone building notice for a multi-storey unreinforced masonry building

This determination considers whether the authority correctly issued an earthquake-prone building notice for a multi-storey unreinforced masonry building. The determination also discusses the relationship between the legal test under section 122 of the Building Act 2004, the authority’s earthquake-prone building policy and the engineering methodology used at the time the earthquake-prone building notice was issued.

Note: This determination is subject to appeal. 

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2015/081: Regarding the authority’s exercise of powers in issuing an earthquake-prone building notice for a multi-storey reinforced building

This determination considers whether the authority correctly issued an earthquake-prone building notice. The determination also discusses the relationship between the legal test under section 122 of the Building Act 2004, the authority’s earthquake-prone building policy and the engineering methodology used at the time the earthquake-prone building notice was issued.

Note: This determination is subject to appeal.

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: