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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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1708 Determinations match your query
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2019/060: Regarding compliance with Building Code Clause B1 Structure of a multi-storey steel framed building

This determination considers the compliance of a recently-completed eight-storey steel framed building. Specific aspects of the completed frame had been brought to the notice of the authority, and the authority also questioned work carried out that varied from the approved consent. The determination considers the compliance of these matters in respect of Building Code Clause B1 Structure

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2019/059: Regarding the issue of a building consent with a section 73 condition

This determination considers whether the building consent should have been issued subject to a section 73 condition, which requires notification of a natural hazard to be placed on the land title. The determination considers whether the land is subject to a natural hazard, and whether the building work was a ‘major alteration’. 

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2019/058: The durability of steel sub-floor bearers built under building consents issued on the basis of national multiple-use approvals

This determination considers whether galvanised steel bearers used in subfloor framing to four houses meet the required minimum 50-year durability period described in Building Code Clause B2.3.1(a). The building consents for the houses were in respect of work described in national multiple-use approvals issued under section 30F of the Act. The houses have been built and the authority has refused to issue the code compliance certificates for the as-built work because it is of the view the bearers do not comply with Clause B2 Durability.

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2019/057: Regarding the issue of a notice to fix for building work carried out without a building consent and over a property boundary

This determination considers the decision to issue a notice to fix for the construction of a storage building made up of relocated shipping containers and a roof. The authority is of the view that building work has been carried out which required building consent and therefore there has been a contravention of Section 40. As the building crosses a boundary into an adjacent allotment, the authority is also of the view there has been a contravention of section 75. This determination also discusses whether the containers have undergone a change of use.

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2019/056: Refusal to grant a building consent in respect of the geotechnical information and proposed foundation design for a proposed building

This determination considers whether sufficient information was provided to support an application for building consent for a multi-unit building in relation to the building’s foundation design. The building is located on land that is being developed for subdivision and the determination also considers matters related to the identification of natural hazards on the site.

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2019/055: Regarding the authority’s decision to issue a building consent with a section 37 certificate attached, for a proposed building

This determination considers the decision by the authority to issue a building consent with a section 37 certificate attached.  The determination discusses what the section 37 test ‘will or may materially affect building work’ means.

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2019/054: Regarding the issue of five notices to fix for a collection of buildings constructed without building consent

This determination concerns an authority’s issue of five notices to fix for building work carried out on a rural property.  The determination considers the time the owner was given to respond to the notices, and the non-compliances identified in the notices against the compliance of the work concerned. The determination also discusses the limitation period in which an authority shall take enforcement action following the issue of a notice to fix.

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2019/053: Regarding the issue of a code compliance certificate for building work that had not been completed

This determination considers the decision by the authority to issue a code compliance certificate for building work when some of the work had not been completed. The determination discusses the authority's ability to reverse the code compliance certificate.

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2019/052: Regarding the compliance of a pool barrier to the extent required by section 162C of the Building Act for an indoor pool

This determination considers the compliance of an indoor pool barrier to the extent required by section 162C of the Building Act.  The barrier incorporates bifold doors and a sliding door.  The determination discusses the compliance requirement in relation to an indoor pool that was exempt from having a barrier under the former Fencing of Swimming Pools Act and the means by which compliance can be established.

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2019/051: Regarding provision of access and facilities for people with disabilities to an existing house being used to accommodate seasonal workers

Subject to appeal.

This determination considers an authority’s refusal to consent to a change of use for an existing building intended to be used as seasonal worker accommodation, on the basis that the building does not make reasonable and adequate provision for access and facilities for people with disabilities. The determination considers the authority’s reasons for the refusal and the interrelationship between the change of use provisions and the requirement to provide access and facilities for persons with disabilities to and within buildings.

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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: