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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Considered the application of sections 17 and 112 of the Act, and the compliance of the proposed fire alarm system. Discussed compliance of the building as a whole after the alterations ‘as nearly as is reasonably practicable’ with respect to means of escape, and how the approach involves the balancing of sacrifices and difficulties of upgrading against the advantages of upgrading. Discussed use of MBIE guidance and “gap assessment”.
Note: to be read in conjunction with Determination 2017/008.
This determination considers a second refusal to issue a code compliance certificate for a now 17-year-old house with monolithic cladding that was the subject of a previous determination. This determination discusses the validity of the refusal with regard to the time in which a building consent authority must make a decision, and the relationship between the requirement to give reasons for refusing to issue a code compliance certificate and the issue of a notice to fix. The determination considers the information the authority had before it at the time it made its decision and whether the items identified by the authority are compliant with the Building Code.
Note: To be read in conjunction with Determination 2006/86[PDF 211 KB, 11 pages]
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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:
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