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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1858 Determinations match your query
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2023/017: The proposed issue of a notice to fix regarding the change of use of motel units

This determination considers whether there was a change of use in relation to a building
that was used for emergency housing, where previously it had been used as tourist
accommodation. More specifically, the determination considers whether the use group
changed from 'sleeping accommodation' to 'sleeping residential' and, if so, whether that
resulted in additional or more onerous Building Code requirements.

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2023/016: Whether showers constructed without inbuilt seating or handrails comply with clause G1.3.4 of the Building Code

This determination considers whether alterations to a building, undertaken during the internal fit out of a wellness centre, comply to the extent required by the Building Act 2004. Specifically, it considers whether the showers in the float rooms, which have been constructed without inbuilt seating or handrails, comply with clause G1.3.4 of the Building Code. Clause G1.3.4 requires that personal hygiene facilities provided for disabled people are accessible.

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2023/015: Decision to issue a code compliance certificate for the construction of the foundation and floor slab of a vehicle storage shed

This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies with the building consent and Building Code, taking into account all the information now available.

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2023/014: The requirement for a building consent for building work to a relocated building

This determination considers the authority’s decision to require a building consent for work carried out to a relocated dwelling to extend a kitchen into an area that was previously an enclosed veranda and close in an area that was previously the entrance to a back door. The decision turns on whether the building work falls within the scope of building work exempt under clause 15 of Schedule 1 of the Building Act 2004 from the requirement to obtain building consent.

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2023/013: Regarding the refusal to grant an amendment to a building consent to allow a substitute roofing membrane

This determination considers whether the authority was correct to refuse to grant an amendment to the building consent for the substitution of one roofing membrane product for another. This determination also considers whether this substitution would have constituted a minor variation to the building consent.

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2023/012: Regarding the decision to issue a code compliance certificate for alterations to an existing residential dwelling

This determination considers the decision by an authority to issue a code compliance certificate for building work undertaken to alter an existing detached residential dwelling. The determination will consider the compliance of specific elements of the building work against the requirements of a building consent and the Building Code, taking into account all the information now available.

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2023/011: Regarding the refusal to grant a building consent for alterations to an existing building

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.

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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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2023/009: Regarding a proposal to issue a notice to fix and whether thirteen transportable units are vehicles or buildings

This determination is subject to appeal

 

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.

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2023/008: The purported refusal of a building consent on the basis that a certificate of work for a roof truss was not provided

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.

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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: