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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Note: Appeal dismissed.
Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.
This determination considers the compliance of a swimming pool barrier consisting of a pool cover and either of two proposed alarm systems. The determination discusses management practices and human behaviour with regard to the Building Code obligations, and considers whether a waiver or modification...
This determination considers the authority's decision to grant a discretionary exemption from the requirement to obtain building consent for the construction of a section of pool barrier. The determination also considers the compliance of the new section of pool barrier with Clause F9 of the Building Code (Means of restricting access to residential pools).
Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.
This determination considers the authority’s decision to issue a code compliance certificate for an automatic pool cover as a pool barrier. The determination discusses whether a special exemption was granted under the Fencing of Swimming Pools Act 1987 and the compliance of the automatic pool cover...
Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.
This determination is in relation to a pool barrier that has mature palm trees outside of and adjacent to it. The determination concerns the barrier’s compliance with the Building Code to the extent required by section 162C of the Building Act.
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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