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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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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2024/007: An authority's refusal to grant building consent for a new dwelling, and compliance of a proposed foundation design with Clause B1 Structure

This determination considers an authority’s decision to refuse to grant an application for a building consent for the construction of a new dwelling. The determination considers the authority’s reasons for the refusal, and whether the proposed timber piled foundation design complies with Building Code Clause B1 Structure.

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2024/006: The refusal to issue a certificate of acceptance for building work associated with a dwelling

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.

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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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2024/002: The issue of a notice to fix for building work on an existing building’s foundation

This determination relates to a notice to fix where the authority considered that building work had been undertaken without a building consent and not in accordance with the building code, breaching Sections 40 and 17 of the Building Act 2004. The determination considers whether the building work was exempt from the requirement to obtain building consent, and discusses the remedies provided for in the notice.

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2024/001: Regarding the issue of a dangerous and affected building notice for a residential dwelling

This determination considers an authority's decision in issuing a dangerous and affected building notice for a dwelling. The determination considers the status of the building at the time the notice was issued and takes into account all the information that is now available.

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2023/042: The compliance of a wall made of ponga logs with clauses B1 and B2 of the Building Code

This determination considers whether a wall made of ponga logs, that is located on or near a property boundary, is a 'retaining wall' and a 'building'. It also considers whether the structure complies with Building Code clauses B1 Structure and B2 Durability.

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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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2023/031: Decision by an authority to grant a building consent and issue a code compliance certificate for a relocatable dwelling

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling. The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code. The main issues relate to the weathertightness and stability of the dwelling.

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2023/030: The issue of a building consent, specifically in regard to three cladding details

This determination considers a building consent for the construction of a dwelling. The matter concerns the details for fixing infill panels that were proposed to be installed above and below windows, and above a garage door and entrance. The determination considers whether those details, as documented in the consent application, would comply with clause E2 External Moisture and B1 Structure, if the building work was constructed in accordance with the building consent.

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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: