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.
You can also search for Determinations on Building CodeHub
Applying filters will narrow down your search results
Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).
Read appeal judgement [PDF 503KB].
This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.
This determination considers the compliance of a replacement façade system to an existing 5-storey building. The facade system incorporates high-pressure laminate panels fixed to an aluminium frame creating a 50mm wide cavity between the panels and the lined timber-framed wall behind. The authority has concerns about the facade system’s ability to perform with respect to preventing the spread of fire over the external cladding. The determination considers the compliance of the original facade system, and as modified in response to the determination’s initial findings.
This determination looks at the authority’s decision to refuse to grant a building consent for alterations to an existing multi-unit dwelling due to a dormer wall not being fire rated. The determination considers whether fire rating the wall is necessary to meet the requirements of section 112(1)(b) of the Building Act.
N/A
N/A
N/A
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:
This will print only the current page of this guidance document.
Print this page
