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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2026/002: An authority’s decision to issue a code compliance certificate for alterations to a kura building and whether particular matters comply with

This determination considers an authority’s decision to issue a code compliance certificate for alterations to a block of kura classrooms.

The determination considers whether certain building elements comply with the building consent and/or the Building Code.

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2026/001: The issue of a notice to fix for a pool barrier with a storage box inside the fenced area

This determination concerns an authority’s decision to issue a notice to fix for a pool barrier. The determination considers whether the pool barrier complies in relation to a storage box that is permanently located inside and close to the pool barrier.

It also considers the form and content of the notice to fix.

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2025/063: Compliance of a diesel boiler and flue with Building Code clause G4.3.4 as it relates to other property

This determination considers whether the installation of a diesel boiler and flue complies with clause G4.3.4 of the Building Code, in terms of whether the emissions from the flue avoids creating a nuisance or hazard to the neighbouring property.

The determination discusses the terms ‘nuisance’ and ‘hazard’ in the context of compliance with clause G4.3.4. 

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2025/062: An authority’s decision to issue a notice to fix for a timber deck constructed without building consent

This determination considers an authority’s decision to issue a notice to fix for a timber deck constructed without building consent in contravention of section 40.

The determination considers whether the work was exempt from the requirement to obtain building consent under clause 24 of Schedule 1 of the Building Act, turning on the height of fall from the deck.

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2025/061: The refusal to issue a code compliance certificate and certificate of acceptance.

This determination considers the authority’s decisions to refuse to issue a code compliance certificate for alterations to a house and to refuse to issue a certificate of acceptance in relation to the construction of a lean-to.

The determination considers the reasons given for the refusals, and whether they meet the respective requirements of sections 95A and 99A.

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2025/060: The compliance of two horizontal steel beams adjacent to internal stairs with Clause F4 Safety from falling

The matter being determined relates to two new horizontal steel beams installed alongside existing internal staircases in a commercial/residential building. 

This determination considers the requirements of clause F4 and the likelihood of accidental fall in this case.

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2025/059: The decision to issue two notices to fix for contraventions of section 40

This determination considers the authority’s decision to issue two notices to fix for building work to enclose an existing deck and whether the building work required building consent. 

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2025/058: An authority’s decision to issue a dangerous building notice, and whether the notice has been satisfied

This determination relates to an authority’s decision to issue a dangerous building notice for a building which the authority considers is dangerous in the event of a fire. The determination analyses the features of the building in relation to the dangerous building test under section 121(1)(b).  

It considers whether the authority had grounds to issue the dangerous building notice under section 124, and the authority’s power of decision in relation to whether the notice has subsequently been satisfied.

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2025/057: Compliance of part of a pool barrier on a property boundary with Building Code Clause F9

This determination considers whether part of a proposed pool barrier on a property boundary complies with Building Code Clause F9 – Means of restricting access to residential pools. The barrier consists of a 1.2m high timber fence on top of an existing retaining wall.

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2025/056: An authority’s decision to issue notices to fix relating to a change of use and building work carried out without a building consent

This determination considers an authority’s decision to issue three successive notices to fix relating to whether a house has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

This determination also considers whether the owner has carried out building work on a garage without first obtaining a building consent in contravention of section 40.

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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: