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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This determination is subject to appeal.
This determination considers an authority’s decision to issue a notice to fix. The determination considers whether a change of use has occurred, the remedies in the notice, and whether section 167 of the Building Act applies.
This determination considers an authority’s decision to issue a notice to fix and whether there has been a change of use under the Building Act of a house and converted garage. The determination also considers the authority’s decision to issue a dangerous and insanitary building notice for the converted garage.
This determination considers the authority's decision to issue a dangerous and insanitary building notice and a certificate of acceptance in respect of a sleepout. The determination discusses whether the sleepout was dangerous or insanitary at the time, whether the authority was correct to include a 'restriction of usage' within the issued certificate of acceptance, and the classified use of the sleepout.
This determination considers the issue of a notice to fix in regard to building work carried out to convert an existing shed and sleep-out into a self-contained unit. The determination considers whether the authority was correct to issue the notice to fix, and whether a change of use had occurred.
This determination considers an authority’s decision to issue a notice to fix under section 164 of the Building Act 2004. The determination turns on whether there has been a 'change of use' of a building or part of the building for the purposes of the Act.
The determination concerns the classified use of a building that is let out on occasion for public accommodation. The determination considers whether the classified use falls within "Detached dwellings" or "Community service" under Building Code Clause A1 - Classified uses.
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The determination considers whether the correct classified use for the proposed poultry sheds is "industrial" or "outbuilding", and whether the operational systems are specified systems and whether a compliance schedule is required. It also considers whether the requirements for access and facilities for people with disabilities apply to the poultry sheds.
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:
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