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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2023/017: The proposed issue of a notice to fix regarding the change of use of motel units

This determination considers whether there was a change of use in relation to a building
that was used for emergency housing, where previously it had been used as tourist
accommodation. More specifically, the determination considers whether the use group
changed from 'sleeping accommodation' to 'sleeping residential' and, if so, whether that
resulted in additional or more onerous Building Code requirements.

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2023/015: Decision to issue a code compliance certificate for the construction of the foundation and floor slab of a vehicle storage shed

This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies with the building consent and Building Code, taking into account all the information now available.

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2023/013: Regarding the refusal to grant an amendment to a building consent to allow a substitute roofing membrane

This determination considers whether the authority was correct to refuse to grant an amendment to the building consent for the substitution of one roofing membrane product for another. This determination also considers whether this substitution would have constituted a minor variation to the building consent.

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2023/012: Regarding the decision to issue a code compliance certificate for alterations to an existing residential dwelling

This determination considers the decision by an authority to issue a code compliance certificate for building work undertaken to alter an existing detached residential dwelling. The determination will consider the compliance of specific elements of the building work against the requirements of a building consent and the Building Code, taking into account all the information now available.

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2023/006: Regarding the compliance of a bracing design for a single-storey dwelling

This determination considers whether the bracing design for two external walls of a
single-storey timber-framed dwelling complied with the Building Code. In deciding this
matter, I have considered whether the bracing design complied with the means of
compliance stated in the building consent application, which was New Zealand
Standard NZS 3604:2011 Timber-framed buildings.

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2023/002: Regarding the compliance of a pool barrier located close to a property boundary with Clause F9

This determination considers whether a proposed pool barrier near a property boundary complies with Building Code Clause F9. The determination looks at the requirements of the Acceptable Solution F9/AS1 as it relates to pool barriers near property boundaries and whether future changes a neighbour maybe a factor when considering Building Code compliance of the pool barrier.

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2023/001: Regarding the compliance of specific elements of a swimming pool barrier

This determination considers elements of a pool barrier and their compliance with section 162C of the Building Act 2004. Those elements were constructed, installed, or erected prior to s162C coming into force, as part of a wider set of alterations at the property.

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2022/030: Refusal to issue amendments to building consent regarding the location of a pool barrier

This determination considers whether the authority was correct to refuse to issue two amendments to the building consent regarding a pool barrier. The amendments were refused as compliance with Clause F9 of the Building Code, Means of restricting access to residential pools, had not been demonstrated. The determination considers whether a pavilion, patio and soft landscaping area can be considered part of the 'immediate pool area'.

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2022/029: Regarding the refusal to issue a code compliance certificate for a 17-year-dwelling

This determination arises from the authority's decision to refuse to issue a code compliance certificate for a 17-year-old dwelling. This determination considers whether there is sufficient compliance with clauses E2 and B2 of the New Zealand Building Code.

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2022/025: Regarding the compliance of an existing pool barrier under section 162C

This determination considers an existing swimming pool barrier, comprised partly of the south wall of a dwelling and a garage wall, and whether it complies with section 162C of the Building Act 2004. The determination also discusses whether the doors on the south wall of a dwelling were included in an exemption granted under the Fencing of Swimming Pools Act 1987. The determination also considers whether the area encompassed by the south wall of a dwelling (the rear yard) can be considered to comprise the immediate pool area.

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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: