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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2026/014: An authority’s proposed decision to refuse a building consent with the reasons relating to the compliance of the bracing design with B1/AS1

The determination considers the authority’s proposed decision to refuse a building consent in relation the bracing design in a new dwelling.

In making the determination, it will consider the reasons for the refusal about whether the compliance pathway for the design of the bracing is Acceptable Solution B1/AS1.

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2026/007: The issue of a building consent, failure to issue a notice to fix, and compliance of proposed work with Clause B1

This determination relates to the construction of a new residential building. The determination considers three matters: the issue of a building consent, whether the authority failed to exercise a power of decision to issue a notice to fix, and compliance with Clause B1 Structure of proposed remedial building work.

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2026/002: An authority’s decision to issue a code compliance certificate for alterations to a kura building

This determination considers an authority’s decision to issue a code compliance certificate for alterations to a block of kura classrooms.

The determination considers whether certain building elements comply with the building consent and/or the Building Code.

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2025/052: An authority’s decision to refuse to issue a code compliance certificate for a relocated dwelling

This determination considers an authority’s decision to refuse to issue a code compliance certificate for building work carried out to relocate a dwelling.

The determination considers the reason for the authority’s decision, which related to inspections that were not carried out.

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2025/051: Compliance of an altered retaining wall with B1 Structure and a surface water management system with E1 Surface water

This determination considers whether a retaining wall on two properties complies with the provisions of Building Code Clause B1 Structure following strengthening work and additions, and whether an associated surface water management system complies with Clause E1 Surface water for the protection of other property.

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2025/041: An authority’s decision to grant a building consent under section 72 for building work on land subject to slippage

This determination considers an authority’s decision to grant a building consent under section 72.

The determination considers the natural hazard provisions, including whether the land is subject or likely to be subject to the natural hazard of slippage, and whether to grant a modification of clause B1 Structure.

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2025/034: Refusal to grant a building consent amendment for the installation of uPVC joinery

This determination considers an authority’s decision to refuse to grant an application for an amendment to a building consent for the installation of new uPVC joinery installed as part of building work to alter to an existing building.

The determination considers the authority’s reasons for the refusal.

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2025/031: The authority’s decision to refuse to grant a building consent for building work to a relocated dwelling.

This determination examines an authority’s decision to refuse to grant an application for a building consent for building work in relation to relocating and altering an existing dwelling under section 50.

The determination evaluates whether the authority’s reasons for refusing to grant the building consent were specific, clear and valid, particularly concerning the natural hazard provisions of the Act, and Clauses B1 Structure, E1 Surface Water and G13 Foul Water.

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2025/029: An authority’s decision to issue three notices to fix for building work done without a building consent.

This determination considers three notices to fix for building work that was carried out without building consent.  The determination considers whether the building work was exempt under Schedule 1 of the Act.

It also considers the form and content of the notices to fix, including the particulars of the contraventions and who the notices were issued to.

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2025/023: Regarding the issue of three code compliance certificates and compliance of items of building work

This determination considers the issue of three separate code compliance certificates, related to three different building consents, for building work to make various alterations and additions to an existing detached dwelling. All three building consents were issued under the Building Act 1991.

This determination considers if the building work complies with the Building Code that applied at the time the building consents were granted.

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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: