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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This determination considers an authority’s exercise of power of decision to refuse to grant a building consent for proposed alterations of an existing building. The determination considers the reasons given by the authority for the refusal, including the requirement for a peer review of the earthquake strengthening element of the building work.
This determination considers an authority’s proposal to issue a notice to fix for what it considers is building work that has been carried out without building consent.
The matter concerns transportable dwellings, and the determination considers whether these are vehicles or buildings that come within the ambit of the Building Act.
Note: This determination was subject to appeal. The Determination was confirmed by the District Court.
This determination explores whether a certificate of work is required from a licensed
building practitioner for the design of the roof trusses. This requires a decision of
whether the design of roof trusses is part of the primary structure of a dwelling and
restricted building work.
This determination considers whether the authority was correct to refuse to grant a building consent for the construction of a relocatable building. This determination considers the documentation requirements for a building consent application and reasons given by the authority when refusing the building consent.
Note: Determination 2022/028 was modified under section 211(1)(a) of the Building Act 2004 by the District Court on 25 July 2023 in [2023] NZDC 15205. Read the judgement.
This determination considers whether the authority was correct in its exercise of powers of decision to refuse to grant a building consent for alterations to an existing detached dwelling, and its subsequent decision to issue a notice to fix. In deciding these matters, I have also considered whether the building work could have been carried out urgently in advance of obtaining a building consent, and whether the owners are now required to apply for a certificate of acceptance.
This determination considers the decision making on two building consents and a code compliance certificate where the building work was carried out to the dwelling under separate building consents at the same time.
This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers whether sufficient information was included in the building consent application.
This determination considers building work that was carried out to a boarding house in 1997 and how the transitional provisions of the Building Act 2004 apply to building work that differed from the approved plans.
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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