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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2022/024: The issue of two notices to fix for a pool barrier subject to a code compliance certificate

This determination considers the authority's decision to issue two notices to fix for a non-compliant pool barrier. The determination turns on whether the authority can issue a notice to fix to the current owners for a contravention of section 162C when they did not undertake the building work and when there is a code compliance certificate for that building work. The determination also considers the form and content of the notices that were issued.

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2021/026: Regarding the compliance of a barrier to a small heated pool

This determination considers, whether the barrier to restrict access by unsupervised young children to a small heated pool, complies with section 162C of the Building Act. This determination discusses the compliance obligations and considers whether a waiver or modification of the means of restricting access to the spa pool can be granted.

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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: