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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2017/082: Compliance of deck balustrade as part of swimming pool barrier

This determination concerns the balustrade to a deck above an immediate pool area and the compliance of the barrier in relation to a set of external stairs from the deck to the pool. The determination considers whether the deck itself is included within the immediate pool area and whether the stairs are a climbable projection.

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2017/078: Compliance of physical barrier to residential swimming pool

The determination considers whether the barrier to a swimming pool and spa pool complies with the Building Code to the extent required under section 162C of the Act.  The barrier was considered to be compliant with the Fencing of Swimming Pools Act at the time of construction and a code compliance certificate had been issued, but it later failed an inspection carried out under the new special provisions for residential pools.

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2017/045: Compliance of a barrier to a swimming pool

This determination considers the compliance of a number of features in a barrier to a swimming pool, including a bifold window that was installed as part of alteration for which a code compliance certificate has been issued.

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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: