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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2019/040: 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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2019/039: Regarding the exposure zone for building work located near a tidal estuary

This determination considers what is the appropriate exposure zone for a house located near a tidal estuary and the protection that is required to the brick ties used to secure the brick cladding.  The authority considered that the house was located in exposure Zone D which required stainless steel ties to be used.

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2019/038: Regarding the compliance of a 23-year-old pool fence

This determination considers the compliance of a trellis fence with the provisions of the Building Act that require the restriction of access by unsupervised young children to the swimming pool or immediate pool area.  The trellis has gaps up to 45mm high x 40mm wide and was installed with the horizontal slats on the outside face of the fence.

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2019/037: The refusal to issue a code compliance certificate for a 17-year-old house with a corrugated cellulose fibre cladding system

This determination considers an authority’s refusal to issue a code compliance certificate for a 17-year-old house principally due to concerns about its compliance with Clause E2 External moisture.  The building owners had commissioned an assessment of the building’s performance which the authority had declined to accept.

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2019/036: Regarding a notice to fix and whether a structure on trailers

Note: This determination is subject to appeal

 

This determination concerns a notice to fix issued for two relocated units built on trailers that were relocated onto site and joined via a walkway constructed onsite.  The determination considers whether the structure is a building for the purposes of the Act and whether the units separately are vehicles and not buildings.  It also considers the particulars of contravention identified in the notice to fix and the persons to whom the notice was issued.

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2019/035: Regarding the refusal to issue an exemption under Schedule 1(2) of the Act for a proposed horse shelter

This determination considers whether a proposed horse shelter was exempt from the need for a building consent under Schedule 1 of the Act and also whether the authority was correct to refuse to issue an exemption under Schedule 1(2).  The determination discusses what an authority can consider when considering whether to grant a discretionary exemption under Schedule 1(2).

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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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2019/033: Regarding the refusal to issue a code compliance certificate for a 22-year old house

This determination considers the authority’s refusal to issue a code compliance certificate where the building work was carried out without required inspections.  The determination considers the compliance of three areas identified by the authority in its refusal.

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2019/032: Regarding the refusal to issue a code compliance certificate for a 21-year-old commercial building

The determination considered whether the authority correctly exercised its powers of decision in refusing to issue a code compliance certificate. The determination considered the authority’s decision to refuse a code compliance certificate without inspecting the building.

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2019/031:Regarding the compliance of a pool barrier with adjacent palm trees

This determination is in relation to a pool barrier that has mature palm trees outside of and adjacent to it. The determination concerns the barrier’s compliance with the Building Code to the extent required by section 162C of the Building Act.

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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: