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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2025/060: The compliance of two horizontal steel beams adjacent to internal stairs with Clause F4 Safety from falling

The matter being determined relates to two new horizontal steel beams installed alongside existing internal staircases in a commercial/residential building. 

This determination considers the requirements of clause F4 and the likelihood of accidental fall in this case.

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2025/059: The decision to issue two notices to fix for contraventions of section 40

This determination considers the authority’s decision to issue two notices to fix for building work to enclose an existing deck and whether the building work required building consent. 

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2025/058: An authority’s decision to issue a dangerous building notice, and whether the notice has been satisfied

This determination relates to an authority’s decision to issue a dangerous building notice for a building which the authority considers is dangerous in the event of a fire. The determination analyses the features of the building in relation to the dangerous building test under section 121(1)(b).  

It considers whether the authority had grounds to issue the dangerous building notice under section 124, and the authority’s power of decision in relation to whether the notice has subsequently been satisfied.

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2025/057: Compliance of part of a pool barrier on a property boundary with Building Code Clause F9

This determination considers whether part of a proposed pool barrier on a property boundary complies with Building Code Clause F9 – Means of restricting access to residential pools. The barrier consists of a 1.2m high timber fence on top of an existing retaining wall.

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2025/056: An authority’s decision to issue notices to fix relating to a change of use and building work carried out without a building consent

This determination considers an authority’s decision to issue three successive notices to fix relating to whether a house has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

This determination also considers whether the owner has carried out building work on a garage without first obtaining a building consent in contravention of section 40.

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2025/055: The compliance of a return section of a retaining wall with clause F4 Safety from falling

This determination considers the compliance of a section of a retaining wall with
Building Code clause F4 Safety from falling, in relation to a sudden change of level and
whether the barrier is of appropriate height and restricts the passage of children under
six years of age.

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2025/054: The authority’s decision to issue a notice to fix for replacing cladding without building consent

This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40, for building work to replace external cladding without building consent.

The determination discusses whether the building work to replace the cladding is exempt from building consent under clause 1 of Schedule 1 of the Act, in particular, whether the cladding is ‘comparable’.

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2025/053: An authority’s decision to grant a building consent under section 72 and whether the building work constituted major alterations

This determination considers the authority’s decision to grant a building consent under section 72 of the Building Act, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work, was ‘major alterations’ for the purpose of the natural hazard provisions of the Act. 

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2025/052: An authority’s decision to refuse to issue a code compliance certificate for a relocated dwelling

This determination considers an authority’s decision to refuse to issue a code compliance certificate for building work carried out to relocate a dwelling.

The determination considers the reason for the authority’s decision, which related to inspections that were not carried out.

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2025/051: Compliance of an altered retaining wall with B1 Structure and a surface water management system with E1 Surface water

This determination considers whether a retaining wall on two properties complies with the provisions of Building Code Clause B1 Structure following strengthening work and additions, and whether an associated surface water management system complies with Clause E1 Surface water for the protection of other property.

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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: