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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2020/002: Regarding the consented alterations to the walls and roof of a house and its compliance with Building Code Clause B1

This determination considers whether alterations to the walls and roof of a house comply with Building Code Clauses B1 Structure, E2 External moisture and F7 Warning systems. The determination also considers whether changes to the consented building work can be considered a minor variation to the building consent, and the issue of the code compliance certificate for the alterations.

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2019/070: Regarding the authority's decision to refuse to split a building consent for townhouses

This determination considers the authority's refusal to split a building consent, for building work to construct five townhouses that has already been completed, to allow one owner to pursue a code compliance certificate separately from the other owners.  The determination discusses the framework for considering an application to split a building consent issued under the Building Act 1991, and whether assessment for compliance occurs when the consent is split or when a code compliance certificate is applied for.

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2019/057: Regarding the issue of a notice to fix for building work carried out without a building consent and over a property boundary

This determination considers the decision to issue a notice to fix for the construction of a storage building made up of relocated shipping containers and a roof. The authority is of the view that building work has been carried out which required building consent and therefore there has been a contravention of Section 40. As the building crosses a boundary into an adjacent allotment, the authority is also of the view there has been a contravention of section 75. This determination also discusses whether the containers have undergone a change of use.

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2019/056: Refusal to grant a building consent in respect of the geotechnical information and proposed foundation design for a proposed building

This determination considers whether sufficient information was provided to support an application for building consent for a multi-unit building in relation to the building’s foundation design. The building is located on land that is being developed for subdivision and the determination also considers matters related to the identification of natural hazards on the site.

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2019/054: Regarding the issue of five notices to fix for a collection of buildings constructed without building consent

This determination concerns an authority’s issue of five notices to fix for building work carried out on a rural property.  The determination considers the time the owner was given to respond to the notices, and the non-compliances identified in the notices against the compliance of the work concerned. The determination also discusses the limitation period in which an authority shall take enforcement action following the issue of a notice to fix.

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2019/053: Regarding the issue of a code compliance certificate for building work that had not been completed

This determination considers the decision by the authority to issue a code compliance certificate for building work when some of the work had not been completed. The determination discusses the authority's ability to reverse the code compliance certificate.

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2019/047: Regarding the issue of a notice to fix for the relocation of two buildings

This determination considers a building consent authority’s exercise of its power of decision in issuing a notice to fix for the relocation of two buildings and the installation of a wastewater system.  The determination discusses the contraventions for which the notice was issued, who the notice was issued to, and how the provisions of the Building Act apply when a building is relocated.

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2019/032: Regarding the refusal to issue a code compliance certificate for a 21-year-old commercial building

The determination considered whether the authority correctly exercised its powers of decision in refusing to issue a code compliance certificate. The determination considered the authority’s decision to refuse a code compliance certificate without inspecting the building.

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2019/024: Regarding the issue of a code compliance certificate for a new house

This determination concerns the authority's request to reverse its decision to issue a code compliance certificate on the grounds that the certificate was issued in error because the final inspection had identified that the building work was not compliant.

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2019/016: Regarding the refusal to amend a building consent for five detached dwellings

This determination considers the modification of a building consent issued for five detached dwellings; four dwellings were completed and one was not.  The owners of the four completed dwellings applied to the authority to modify the consent so the incomplete dwelling and the four completed dwellings each had their own consent, thus enabling a code compliance certificate to be issued in respect of the four completed dwellings.

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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: