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

102 Determinations match your query
Show detailed results

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

2016/007: Regarding the code compliance of access for people with disabilities to three swimming pools in a proposed aquatic centre

This determination considers what is reasonable and adequate access for people with disabilities to three different pools in a proposed aquatic centre.  The determination discusses the intended use of the pools and the interrelationship with the design features of the pools, as well as the use of other countries guidance documents and standards to achieve compliance as an alternative solution.

About this document

2015/053: The refusal to issue a building consent for barriers to a swimming pool

This determination discusses the Building Code obligations in Clause F4.3.5 for a proposed dwelling forming part of a pool barrier. The determination also considers the area enclosed by the proposed building work and an existing pool fence in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4

About this document

2015/039: The refusal to issue a compliance certificate and the issue of a notice to fix in respect of compliance of pool barriers to a swimming pool

Discussed whether the proposed pool barrier encompassing “the immediate pool area” complies with Clause F4 of the Building Code with regard to the size of the area and the activities that would take place within it. Other matters discussed whether the building consent would lapse two years after the date on which it was issued.

About this document

2015/037: Regarding the compliance of pool barriers for a swimming pool

Discussed the authority’s refusal to issue a building consent relating to compliance with Clause F4 of the Building Code for a proposed swimming pool and its barriers which included sliding doors and the use of security latches with lockable bolts.

About this document

2015/012: Compliance of pool barriers in relation to the immediate pool area for a proposed swimming pool

Discussed the definition of ‘immediate pool area’ and the ‘immediate pool surround’ and the potential for unacceptable lapses of pool security due to doors, gates and pedestrian access.

About this document

2014/038: Regarding the compliance of access for people with disabilites to a new swimming pool at an aquatic centre

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: