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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2017/025: Access and facilities for people with disabilities to a hypothetical public dive pool

This determinatino considers whether an accessible route is required for a deep water pool that is part of a public swimming pool facilties. The determination discusses the requirement for an accessible route, both in terms of the deep water pool only and also in terms of it being one of a number of pools within the facility, and the normal activities carried out in those pools.

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2016/050: Regarding whether proposed alterations to a three-level office building require a lift to satisfy requirements for persons with disabilities

This determination considers whether a lift is required to a three-level office building as part of alterations to the existing building. The determination discusses the requirements of section 118, the effect of unit titles, the performance requirements of Clause D1, and whether there is sufficient information on which to conclude that compliance to the extent required by section 112 is achieved in that it would not be reasonably practicable to install a lift.

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2016/036: Regarding access for people with disabilities to the lower level of a new rowing club building

This determination considers whether a lift is required to the lower level of a proposed two-storey rowing club building. The determination considers compliance against the relevant Acceptable Solution and what constitutes reasonable and adequate access for people with disabilities to the lower level. The determination also considers access to areas adjacent the building.

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2016/021: Regarding the compliance of proposed access for people with disabilities to one of three swimming pools in a proposed aquatic centre

This determinatin considers what constitutes reasonable and adequate access for people with disabilities to one of three different pools in a proposed aquatic centre. The determination considers the intended use of the pool, and discusses the functionality of the proposed platform lift in comparison to other means of providing access for people with disabilities.

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2016/014: Regarding access and facilities for people with disabilities to a gym in an existing two-storey building

This determination considers whether a lift is required to a mezzanine level of a gym as part of alterations to the existing building, and the compliance of the alterations in respect of Clause G1 Personal hygiene and D1 Access routes. The determination considers the weighing of the benefits and sacrifices as part of the section 112 requirement for compliance as nearly as is reasonably practicable, and also discusses the area and occupancy of the mezzanine level.

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2016/007: Regarding the code compliance of access for people with disabilities to three swimming pools in a proposed aquatic centre

This determination considers what is reasonable and adequate access for people with disabilities to three different pools in a proposed aquatic centre.  The determination discusses the intended use of the pools and the interrelationship with the design features of the pools, as well as the use of other countries guidance documents and standards to achieve compliance as an alternative solution.

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2014/057: Dispute about provision of an accessible reception counter to a Corrections facility

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2014/053: The compliance of a new commercial laboratory building without an accessible lift to the first floor

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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: