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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2019/046: Regarding dangerous building notices issued for a building

This determination considers two dangerous building notices that were issued for a six-storey building in central Auckland.  The various levels of the building are fitted out for retail, offices, and sleeping accommodation.  The determination considers the authority’s decision to the second dangerous building notice restricting entry to part of the building, which meant part of the building could not be used for sleeping accommodation, and the authority’s decision to reissue that notice after thirty days.

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2019/042: The code compliance of a garage built over a boundary

This determination concerns whether a garage built over a boundary complies with Clause C3 (Spread of Fire) of the Building Code in place when the building consent was issued, and whether the authority was correct to issue a code compliance certificate for the work.

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2008/006: Fire precautions in the conversion of household units to an early childhood centre

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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: