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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2025/028: Regarding two certificates for public use and an application for a third in relation to a building providing accommodation.

This determination addresses three decisions, the first two being certificates for public use issued in 2014 and 2023. The third concerns an application for a certificate for public use refused in 2024. The determination turns on whether the public safety test was met with regard to each of the three decisions. 

It also discusses the specified systems raised during the process as well as the conditions listed on the 2014 and 2023 certificates.

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2025/010: Refusal to issue a code compliance certificate

This determination considers an authority’s decision to refuse to issue a code compliance certificate for the construction of a two‐storey detached dwelling.

The determination considers the reasons for the refusal and whether they meet the requirements of section 95A of the Building Act 2004.

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2024/062: The refusal to issue a code compliance certificate and the reasons given

This determination considers the authority’s refusal to issue a code compliance certificate due to concerns that some of the building work does not comply with the building consent and the Building Code.

The determination considers whether the authority had grounds for refusing to issue the code compliance certificate, and the reasons given for the refusal as set out in its section 95A notice.

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2024/024: Authority’s refusal to modify a building consent for two relocatable detached dwellings to allow for separate code compliance certificates

This determination considers an authority's decision to refuse to modify a building consent for two relocatable dwellings built in a factory by administratively splitting it to allow for individual code compliance certificates to be issued.

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2024/010: The decision to issue a notice to fix for sitework required to avoid the likelihood of damage to other property.

This determination considers the authority's decision to issue a notice to fix for siteworks carried out on 16A, 16B and 16C Gilfillan Street. The notice was issued for non-compliance with Building Code Clause B1.3.6. in relation to the requirement to avoid likelihood of damage to other property, being 14 and 14A Gilfillan Street.

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2024/004: Regarding the refusal to carry out a final inspection and issue a code compliance certificate for a 22-year-old house

This determination considers an authority's decision to refuse to issue a Code Compliance Certificate for a building consent granted in 2000 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E2 External moisture that applied in 2000.

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2023/033: Regarding the compliance of, and decisions made by an authority in relation to, encroaching building work

This determination considers compliance of building work that encroached across the boundary between two properties with Building Code Clauses B1 Structure, B2 Durability and C3 Fire affecting areas beyond the fire source. The determination also considers the authority’s decisions to grant the original building consent, an amendment to that consent, and subsequent issue of the code compliance certificate, and the authority’s alleged failure to issue a notice to fix.

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2023/023: Regarding the failure to issue a notice to fix for a concrete slab foundation.

This determination considers the authority's decision to not issue a notice to fix for a concrete slab foundation after complaints were made by the owner.

This determination is subject to appeal.

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2023/010: Regarding the authority’s decision to refuse to grant an application for a building consent for building work to enclose an existing carport

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers
the authority’s reasons for refusal and whether sufficient information was included in
the building consent application for the authority to be satisfied that the provisions of
the Building Code would be met if the building work were properly completed in
accordance with the plans and specifications that accompanied the application.

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2023/007: Regarding the authority’s decision to refuse to grant a building consent for alterations to an existing building

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers the
authority’s reasons for refusal and whether sufficient information was included in the
building consent application for the authority to be satisfied that the provisions of the
Building Code would be met if the building work were properly completed in accordance
with the plans and specifications that accompanied the application.

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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: