Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.

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2019/034: Granting a building consent for the construction of a dwelling without requiring notification under section 73 of the Building Act

This determination considers whether a building consent issued to a previous owner for the construction of a new dwelling should have been issued subject to a section 73 condition requiring notification of a natural hazard to be placed on the land title.  The determination was sought by the current owner who believes the land is subject to inundation.  The determination considers whether the land is subject to a natural hazard and the information the authority relied upon in issuing the building consent.

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2019/006: Regarding the removal of an insanitary building notice and lack of notification of a natural hazard for a relocated building

Note: This determination is subject to clarification

 

This determination considers the lifting of an insanitary building notice and whether the building in its current state is insanitary or dangerous.  The determination also considers whether two building consents should have been granted subject to notification of the natural hazard inundation, and whether a notice to rectify should have been for building work that was not compliant with the Building Code and for building work carried out without building consent.

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2018/057: Decision to grant a building consent subject to notification under section 73 for building work on land subject to natural hazards

This determination considers an authority’s decision to grant building consent subject to a section 73 notice requiring a notice to be placed on the land title identifying the land as being subject to natural hazards - being erosion and inundation.  The subject property is adjacent to a river located in a rural setting. 

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2017/080: Granting of building consent for alterations, subject to notification that land is subject to a natural hazard

The granting of a building consent for alterations to an existing building subject to noficiation that the land is subject to a natural hazard at 102 Dillon Street, Waihi Beach

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2017/055: Building consent granted for alterations to an existing building on land subject to a natural hazard without notification under section 73

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the building work constituted a major alteration and whether section 72 would apply even if the building work was not a major alteration. The determination also considered whether it was reasonable to grant a waiver of Clause E1.3.2.

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2017/048: Decision to grant a building consent subject to notification under section 73 for building work on land subject to a natural hazard

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the conditions under section 71(2) had been met and the consent could be issued without notification under section 73. Adequate provision had been made to protect the building work from the natural hazard (inundation) and the buliding work would not accelerate, worsen, or resulting in a natural hazard, but no provision had been made to protect the land.

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2016/034: Refusal to grant an s72 waiver for two building consents for proposed buildings on land subject to a natural hazard

This determination considers the authority’s refusal to grant a waiver under section 72 of the Act for two proposed buildings which are situated on land subject to a debris flow hazard.  The determination considers the risk to occupants from debris flow events, and the extent to which the proposed work will mitigate this risk.

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2015/018: Regarding the refusal to issue a building consent for an outbuilding on land that is subject to natural hazard

Discussed whether adequate provision was proposed to protect the building work from inundation and whether periodic flooding would affect building elements in relation to Clauses B1 and B2 of the Building Code.

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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: