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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2022/004: Regarding the authority's refusal to grant an extension of time in which to issue a code compliance certificate

This determination considers whether the authority was correct in its decision to refuse to grant an extension of time to issue a code compliance certificate for alterations and additions to an existing dwelling. The determination discusses the process of considering an extension of the time in which to issue a code compliance certificate including sections 92, 93 and 94 and 95A of the Act.

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2022/003: Compliance of proposed alterations to a dwelling by way of Acceptable Solutions B1/AS1 and E2/AS3

This determination considers whether two items of proposed building work comply with the relevant Acceptable Solutions. Item 1 concerns reinforcing bars to reinforce a concrete floor slab and whether the proposal complies with Acceptable Solution B1/AS1 for Building Code Clause B1 Structure. Item 2 concerns the use of a damp-proof membrane as waterproofing for a 1060mm high retaining wall and whether the proposal complies with Acceptable Solution E2/AS3 for Building Code Clause E2 External Moisture.

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2022/002: Regarding compliance of as-built timber retaining walls with the Building Code as it relates to the protection of other property

This determination considers whether the construction of timber retaining walls complies with Building Code clauses B1 Structure and F5 Construction and Demolition Hazards as they relate to the protection of other property.

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2022/001: The authority's proposal to issue a notice to fix and whether a unit is a vehicle or building

Note: This determination is subject to appeal

This determination considers whether a structure that has some features of a vehicle is a "building" under section 8 of the Building Act, and therefore whether the authority can issue a notice to fix for construction of the unit without building consent. The determination discusses factors to consider when deciding if the unit is a "vehicle", and if it is "immovable" and "occupied on a permanent or long-term basis".

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2021/029: Regarding the authority’s refusal to grant an exemption from building consent

This determination considers whether the authority was correct to refuse to grant a discretionary exemption under Schedule 1(2) for additional plumbing fixtures and the insulation of an external wall. The determination discusses what an authority considers when deciding to grant a discretionary exemption under Schedule 1(2).

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2021/028: Regarding the decision to issue a code compliance certificate for building work to re-pile an existing house

This determination considers whether the authority were correct to issue a code compliance certificate for the building work to partially re-pile an existing house. The determination considers whether the building work can be considered as a minor variation.

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2021/027: Regarding the authority’s refusal to grant building consents for the construction of new residential dwellings

This determination considers whether the authority was correct in its purported refusal of three building consent applications for proposed dwellings under sections 49 and 50 of the Building Act 2004. The determination discusses the authority's reasons for refusal, and whether the authority was correct to refuse the applications for the reasons given.

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2021/026: Regarding the compliance of a barrier to a small heated pool

This determination considers, whether the barrier to restrict access by unsupervised young children to a small heated pool, complies with section 162C of the Building Act. This determination discusses the compliance obligations and considers whether a waiver or modification of the means of restricting access to the spa pool can be granted.

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2021/025: Regarding compliance of timber shiplap weatherboards, coated with black paint, installed on a dwelling

This determination considers whether pine vertical timber shiplap weatherboards, painted black, comply with the Building Code Clause B2 Durability, as it relates to Clause E2 External Moisture. The determination considers a number of factors that contribute to Building Code compliance.

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2021/024: Regarding the compliance of a proposed pool barrier incorporating an existing boundary fence

This determination considers the compliance of an existing boundary fence forming part of a proposed pool barrier, with Building Code Clause F9 Means of restricting access to residential pools. The determination discusses whether compliance with Clause F9 can be achieved by way of an alternative solution.

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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: