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.

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

196 Determinations match your query
Show detailed results

2016/45: Regarding whether a safety net will satisfy Clause F4 Safety from falling, to a timber walkway along the shoreline

This determination considers a raised pedestrian walkway located adjacent a harbour, and the compliance of a horizontal safety net proposed by the authority as a means of satisfying Clause F4 Safety from falling.

About this document

2016/020: The refusal to issue a code compliance certificate for an 8-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate for a house; the authority’s concerns were chiefly to do with the weathertightness and durability of the exterior envelope. The determination discusses the authority’s reasons for the refusal, and whether there was sufficient evidence of compliance in order to issue a code compliance certificate.

About this document

2024/036: The proposed refusal to issue a code compliance certificate for a house

This determination concerns the authority’s proposed refusal of a code compliance certificate. The determination considers whether the building work complies with the building consent, and whether particular elements of the building work comply with the relevant clauses of the Building Code.

About this document

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.

About this document

2024/023: Regarding the refusal to grant a building consent for alterations to an existing dwelling

This determination considers the authority’s refusal to grant a building consent for alterations to an existing dwelling. The authority considered that the building consent could not be granted for a range of reasons, including a lack of documentation, construction details, and conflicting information in the plans. This determination considers the reasons for refusal set out by the authority in its letter.

About this document

2024/016: The issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures

This determination considers the issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures. The determination considers whether the building work was exempt from the requirement to obtain a building consent under Schedule 1, and whether adequate particulars were set out in the notice to fix (in regards to both section 40 and section 17). It also discusses several issues relating to the notice to fix framework.

About this document

2006/103: Swimming pool fence to a house

Note: to be read in conjunction with Determination 2005/125[PDF 232 KB, 6 pages]

About this document

2024/005: The authority’s decision to issue a code compliance certificate for a swimming pool

The determination considers the decision to issue a code compliance certificate for a swimming pool that required a barrier to restrict access by unsupervised young children. This determination considers the compliance of a pool barrier in relation to clause F4 of the Building Code that was in force at the time the building consent was granted.

About this document

2006/081: Swimming pool fence

N/A

About this document

2006/079: Dispute about the addition of a fixed seat to a deck

N/A

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: