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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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86 Determinations match your query
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2019/062: Regarding the means of escape from fire from a new dwelling located behind an existing dwelling

This determination concerns a new dwelling constructed at the rear of a site with an existing dwelling, and compliance of the new dwelling in relation to movement to a place of safety in the event of a fire.  The matter at issue is whether the escape route to a safe place for the occupants of the rear dwelling required a protected path past the existing dwelling.

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2019/046: Regarding dangerous building notices issued for a building

This determination considers two dangerous building notices that were issued for a six-storey building in central Auckland.  The various levels of the building are fitted out for retail, offices, and sleeping accommodation.  The determination considers the authority’s decision to the second dangerous building notice restricting entry to part of the building, which meant part of the building could not be used for sleeping accommodation, and the authority’s decision to reissue that notice after thirty days.

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2019/042: The code compliance of a garage built over a boundary

This determination concerns whether a garage built over a boundary complies with Clause C3 (Spread of Fire) of the Building Code in place when the building consent was issued, and whether the authority was correct to issue a code compliance certificate for the work.

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2019/040: Regarding the authority's refusal to amend a compliance schedule to remove a mezzanine floor from the schedule for an early childhood centre

This determination considers the authority’s refusal to amend a compliance schedule to remove the fire-rated mezzanine floor from the schedule for an early childhood centre.

The matter turns on whether the fire-rated floor is a “fire separation” as that term is used in relation to specified systems.

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2019/004: Decisions to refuse to issue a code compliance certificate and to issue a notice to fix in respect of a solid fuel heater

Note: This determination is subject to clarification

 

This determination concerns an as-installed solid fuel heater installed without the clearance behind it that was described in the manufacturer’s installation instructions.  The determination considers the compliance of heater and a notice to fix issued in respect of this work.

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2018/064: Regarding whether the fire safety design of a proposed 185m high mixed-use tower building complies with Clauses C1-C6 by means of C/VM2

This determination considers the fire safety design of a proposed tall building and whether compliance with Clauses C1-C6 has been established by means of Verification Method C/VM2.  The determination discusses the scope of the Verification Method, how compliance is established by way of the Verification Method, and the compliance of the proposed design – in particular the lack of isolated interconnection between the lobby containing the designated fire fighters lift and the stair that is the means of egress and which firefighters use to access the floor of fire origin.

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2018/059: Issue of a notice to fix in respect of the compliance schedule and building warrant of fitness for a building

Note: This determination is subject to clarification

 

This determination concerns a notice to fix issued by an authority in respect of the specified systems in a building, the compliance schedule, and the building warrant of fitness. The determination considers whether the notice to fix was correctly issued, the information to be provided in a compliance schedule, and the issue of the building warrant of fitness.

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2018/055: Compliance of a warehouse fitout with the fire safety requirements of the Building Code

This determination considers the compliance of a warehouse fitout, comprising a storage racking system and a mezzanine floor, with the fire safety requirements of the Building Code. The determination considers whether the fitout was part of the original building as it was intended to be built, or whether it can be considered an alteration to an existing building.

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2018/048: Refusal to issue a building consent for alterations of an existing building

This determination considers fire spread across a boundary in relation to an existing commercial building that is being altered. The determination considers how distance is measured to the relevant boundary for the purposes of considering fire spread to other property in order to satisfy the requirements of Building Code Clause C3—Fire affecting areas beyond the fire source.

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2018/028: Decision to issue a notice to fix for the means of escape from fire in a building

Note: The decisions in this determination were reversed on appeal to the District Court. See: Palmerston North City Council v Brian Green Properties (1971) Limited (District Court, Palmerston North, 12 February 2020, CIV-2018-054-000288).

Read the appeal judgment.

This determination considers whether the authority was correct to issue a notice to fix in respect of locks to doors that are providing the means of escape to a commercial building containing food and retail outlets.  The determination considers whether the locked doors provide adequate means of escape from fire when the building has no occupants.

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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: