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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2024/058: An authority’s decisions to issue a building consent and code compliance certificate for a dwelling and compliance with B1

This determination considers an authority’s decisions to grant a building consent and issue a code compliance certificate for construction of a dwelling.

The determination turns on whether the design and construction of the timber pile foundations comply with Building Code Clause B1 Structure.

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2024/057: The compliance of one unisex toilet in a new industrial workshop building with clause G1.3.1 of the Building Code

This determination considers the number of sanitary fixtures required for a new industrial workshop building to comply with Building Code Clause G1 Personal Hygiene.

This determination discusses the building occupancy methods set out in Acceptable Solution G1/AS1 to determine the required number of sanitary fixtures.

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2024/056: An authority’s decision to issue a notice to fix in relation to building work at a residential property

This determination considers an authority’s decision to issue a notice to fix in relation to several items of building work.

The determination considers whether the building work was exempt from the requirement to obtain a building consent.

The determination also considers the remedies in the notice to fix, and other points raised relating to the notice to fix provisions in the Building Act.

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2024/054: The building code compliance and a failure to issue a notice to fix in relation to two tiled showers

This determination looks at building work to install two tiled showers to an existing dwelling.

The matter being determined is whether there was a failure to issue a notice to fix in relation to this work.

The determination considers if there was a requirement to obtain building consent before carrying out the work and whether the completed work complies with the requirements of Building Code Clause E3 Internal Moisture.

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2024/052: Regarding the issue of a dangerous building notice for a residential dwelling, water tank, deck and stairs

This determination concerns an authority’s decision to issue a dangerous building notice for a dwelling, water tank, deck and stairs following a landslide at the property.

The determination considers whether the buildings were dangerous, including whether unprotected falls from the lower deck and walkway makes those dangerous.

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2024/051: Compliance of roof cladding on a house with clause E2 External moisture

This determination considers whether a roof cladding system as installed on a house complies with Building Code Clause E2 External moisture.

Specifically, the determination considers how the perimeter edges of the profile metal cladding have been finished where it overhangs the gutters, along with the associated eaves flashing.

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2024/050: Regarding compliance with the Building Code and the issue of a code compliance certificate for building work associated with a new dwelling

This determination considers the decision to issue a code compliance certificate for a building consent to construct a dwelling.

The determination also considers compliance with the Building Code of a deck, surface water drainage system in the vicinity of that deck and the foundation walls with Clauses B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture.

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2024/044: Whether a swimming pool barrier complies with Clause F9 of the Building Code

This determination considers whether a swimming pool barrier complies with Clause F9.3.3 in relation to a pole on the outside of the barrier. The determination discusses whether the pole could assist children under 5 years of age in negotiating the barrier.

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2024/043: Regarding the purported refusal of a building consent.

This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.

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2024/042: Regarding the compliance of external timber wall cladding

This determination considers the compliance with Building Code Clauses B2 Durability and E2 External Moisture of vertical shiplap Siberian larch timber wall cladding installed on a residential dwelling.

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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: