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
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This determination is subject to appeal.
This determination considers an authority’s decision to issue a notice to fix for work it considered was building work carried out without a building consent when one was required.
The dispute centres on whether the work that was carried out is building work regulated under the Building Act and for which a notice to fix could be issued.
The determination also considers the form and content of the notice to fix.
This determination considers an authority’s decision to issue a notice to fix for work it considered was building work carried out without a building consent when one was required.
The dispute centres on whether the work that was carried out is building work regulated under the Building Act and for which a notice to fix could be issued.
The determination also considers the form and content of the notice to fix.
This determination considers the authority’s decision to issue a compliance schedule for a telecommunications exchange structure.
The determination discusses whether the structure is part of, or related to, a network utility operator system and therefore not considered a ‘building’ for the purposes of the Act.
This determination discusses the definitions of building and vehicle under section 8, and whether a shed on wheels that is registered as a vehicle under the Land Transport Act is a building for the purposes of the Building Act. The determination also considers whether the building work was exempt under Schedule 1, the compliance of the shed with Clauses C and E1 in relation to other property.
This determination considers the authority’s exercise of its powers of decision in issuing a notice to fix for a houseboat used as temporary accommodation. The determination turned on whether the houseboat is a building under the Building Act 2004 and provides for some guidance around when a boat falls within the building regulatory regime.
This determination considers an authority’s decision to issue a notice to fix alleging the owners had contravened several provisions of the Act. The determination discusses the details in the notice and whether the owners were fully and fairly informed of the basis for the notice being issued.
This determination considers the purported refusal of a building consent for alterations to a commercial building. The determination considers how the provisions of the Act apply to the assessment of the proposed additional floors for the purpose of clause B1 Structure of the Building Code. The determination explores the difference in the tests set out in section 17 and s112 of the Act.
This determination considers an authority’s decisions to issue three successive notices to fix alleging the same contravention. The determination discusses the details required in a notice to fix, and the obligations of authorities in issuing notices to fix.
This determination considers an authority’s decision to grant building consents under section 72 of the Building Act 2004. The authority’s decision gives rise to a natural hazard notice being entered on the record of title for the property where the building work will take place.
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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