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.

You can also search for Determinations on Building CodeHub

Find a determination

Applying filters will narrow down your search results

Find a determination

Search results

1688 Determinations match your query
Show detailed results

2019/030: Regarding the refusal to issue a building consent for invasive investigation of structural steel in an apartment complex

This determination considers the refusal to issue a building consent for investigation and subsequent reinstatement of concrete panels containing potentially corroded structural steel elements. The determination considers the authority’s reasons for refusing to issue the building consent.

About this document

2019/029: Regarding the compliance of a retaining wall and associated sitework with Clause B1 Structure

This determination is concerned with the compliance of a timber retaining wall with Building Code Clause B1 Structure. The determination considers whether the wall once completed will comply with Building Code Clause B1 Structure, and whether the authority was correct not to issue a notice to fix in relation to the retaining wall.

About this document

2019/028: Regarding the code compliance of parapet and post details without metal cap flashings to membrane decks

Explanatory note

This determination contained an error when it was issued on 26 June 2019. At Paragraph 5.6.6 it read, “I note here the torch-on-membrane, which the authority issued a building consent for (refer paragraph 4.5.1), is permitted within the Acceptable Solution as a capping material to parapets".

To provide clarity paragraph 5.6.6 is now to be read as follows, “I note here metal, butyl or EPDM membranes are the materials specified in the Acceptable Solution as capping materials to parapets. The authority issued a building consent (refer paragraph 3.7) for the torch on membrane, which established that the authority was satisfied with the compliance of that material as a weathertightness system."

This determination considers the compliance of parapet and post details without metal cap flashings to two membrane decks. The determination discusses the details and whether the building work complies with the Building Code in regard to Clause E2 External moisture.

About this document

2019/027: Regarding building work compliance with Clause E1 Surface water and grant of a building consent and code compliance certificate

This determination concerns sitework carried out by the applicant’s neighbour and whether this is likely to cause damage or nuisance to the applicant’s property in breach of Clause E1 Surface water.  The determination also considers whether the authority was correct to grant a building consent and a code compliance certificate for this work.

About this document

2019/026: Regarding the compliance of a pool barrier to the extent required by section 162C of the Building Act

This determination considers the compliance of a pool barrier made up of walls and doors of a building that was subject to an exemption under the Fencing of Swimming Pools Act. The determination considers whether the barrier complies to the extent required by section 162C of the Act. 

About this document

2019/025: Regarding the compliance of an infinity pool and whether to grant a waiver in relation to the means of restricting access

This determination considers the compliance of a residential pool with an infinity edge and balance tank with regard to the requirement for a physical barrier to restrict access by unsupervised young children.  The determination also considers whether the installation of an alarm would achieve the performance requirements in Clause F9 and whether it is appropriate to grant a waiver.

About this document

2019/024: Regarding the issue of a code compliance certificate for a new house

This determination concerns the authority's request to reverse its decision to issue a code compliance certificate on the grounds that the certificate was issued in error because the final inspection had identified that the building work was not compliant.

About this document

2019/023: Regarding the compliance of a proposed glass balustrade with Building Code Clause F4 Safety from falling

This determination considered the compliance of a glass balustrade with Building Code Clause F4 – Safety from falling. The determination considers whether the proposed barrier will restrict the passage of children.

About this document

2019/022: Regarding the decision to issue a code compliance certificate in respect of surface water drains to a house

This determination considers the compliance of an as-built surface water drainage system to a new house.  The system as consented did not provide a compliant solution and the work as installed is not considered to be compliant by the building owner.

About this document

2019/021: Regarding compliance with Clause D1 of a staircase to the mezzanine level of a farm building

This determination considers the compliance of a set of stairs designed for access to a mezzanine level in a farm building.  The determination discusses the classified use of the building and how the limits on application apply with regard to Clause D1 Access routes.

About this document

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: