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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2024/035: The purported refusal to grant a building consent for a skillion roof and whether it complies with E2.3.5 by way of E2/AS1

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

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2024/034: How the provisions of the Building Act apply to the structural performance of an existing building where additional floors are being added

This determination considers the purported refusal of a building consent for alterations to a commercial building. The determination considers how the provisions of the Act apply to the assessment of the proposed additional floors for the purpose of clause B1 Structure of the Building Code. The determination explores the difference in the tests set out in section 17 and s112 of the Act.

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2024/033: Issue of a notice to fix for an existing pool without a physical barrier and the consideration of a waiver of the need for a barrier

This determination considers the authority’s decision to issue a notice to fix for an existing pool on an offshore private island that does not have a physical barrier to restrict access by unsupervised young children. The determination considers whether the owner is required to comply with section 162C of the Building Act 2004 and whether a waiver is appropriate in the circumstances. 

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2024/032: Regarding compliance with Building Code Clause D1 of a pedestrian walkway located in a retirement village

This determination considers whether a sloped pedestrian walkway between two levels of a retirement village is required to comply with clauses of Building Code Clause D1 that concern accessible routes. It also discusses the requirements in the Building Act for accessible routes in relation to different types of buildings within the village.

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2024/031: Regarding the compliance of building work with Building Code clause E1.3.1 Surface water

This determination considers whether the building work carried out at 57 Pomona Road complies with E1.3.1 as it relates to the protection of ‘other property’ at 53 Pomona Road. This turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage to 53 Pomona Road.

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2024/030: The authority’s decisions to issue two notices to fix for a retaining wall constructed by a previous owner of the neighbouring property

This determination considers the authority’s decisions to issue two notices to fix for a retaining wall constructed by a previous owner of the neighbouring property. The determination considers whether there were grounds to issue the notices to fix to the applicant, and the form and content of the notices.

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2024/029: An authority's decisions to issue a series of notices to fix

This determination considers an authority’s decisions to issue three successive notices to fix alleging the same contravention. The determination discusses the details required in a notice to fix, and the obligations of authorities in issuing notices to fix.

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2024/028: Regarding the issue of a dangerous and affected building notice for a dwelling

This determination considers an authority’s decision to issue a dangerous and affected building notice for a dwelling. The determination considers whether the identified 'defects' meant the dwelling was a dangerous or affected building at the time the notice was issued. This decision takes into account all the information that is now available.

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2024/027: Compliance of head flashing stop ends extending past the cladding line as an alternative solution to E2

This determination is subject to appeal​.

The determination will consider whether the constructed head flashings to weatherboard claddings where the stop ends extend past the cladding line comply with E2.3.2 to prevent the penetration of water that could cause undue dampness and damage by way of an alternative solution. 

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2024/026: The authority’s decision to issue a notice to fix in relation to a retaining wall

This determination considers the authority's decision to issue a notice to fix for the construction of a retaining wall. The determination considers whether there were grounds to issue the notice to fix (including whether the building work was exempt from the requirement to obtain a consent), and the form and content of the notice to fix.

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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: