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 considers whether the proposed alterations, with a reduced number of toilets, will comply with the Building Code to the extent required by section 112. The determination discusses the tests under section 112(b) in regards to a reduction in the level of performance achieved in the existing building.
This determination considers the code compliance of large toilet paper dispensers installed in prefabricated public toilets - the location of the dispensers differs from that shown in the relevant Acceptable Solution. The prefabricated toilets are built under a consent issued at the point of manufacture and relocated throughout the country using a separate buidling consent for the site installation.
This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.
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Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Talley's Group Limited v Tasman District Council (District Court, Wellington, 19 August 2010, CIV-2009-085-1156).
Appeal judgment [PDF 413 KB]
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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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