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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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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2019/012: Regarding the issuing of a building consent

This determination considers the authority’s decision to issue a building consent that was issued in error. A building consent was granted for building work that had already been completed or was near completion when the consent was issued. 

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2018/058: Refusal to issue a building consent for a modular house and the use of modules designed locally but prefabricated offshore

This determination considers the authority’s refusal to grant building consent for a house designed with modular units that are manufactured off-shore.  The design of the modular units was not supported by a MultiProof certificate at the time the application for building consent was made, but the authority maintained its refusal after a MultiProof certificate was issued.  The determination discusses the range of information available on which the authority could rely in making its decision.

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2018/049: Issue of a code compliance certificate for three buildings

This determination considers the decision of the authority to issue a code compliance certificate for three buildings when one building had not been constructed. The determination discusses the authority’s ability to reverse the code compliance certificate.

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2018/041: Building consent for a conference centre and the use of large building components prefabricated offshore

This determination considers the authority’s refusal to grant a building consent in relation to a structure that uses large building components prefabricated offshore. The determination discusses what is and is not “building work” in relation to the scope of building consents that use prefabricated components, as well as authority’s abilities to assess compliance of components that are prefabricated offshore.

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2018/035: Refusal to issue a certificate of acceptance and the issue of a notice to fix for alterations to a building

This determination concerns alterations carried out without a building consent and considers the authority's decisions to refuse to issue a certificate of acceptance and to issue a notice to fix.  The determination considers whether the building work was exempt work or was subject to an existing building consent, and discusses the content of the notice to fix and of the notification of refusal.

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2017/079: Decision to issue notice to fix for building work

This determination concerns a return wall to a retaining wall built under a building consent; the return wall encroaches over the owners’ boundary into a neighbouring property.  The authority issued a notice to fix in respect of the return wall, as it is of the view it was a built without first obtaining an amendment to the consent.  The determination considers whether the notice to fix was correctly issued, and whether the return wall was a major or minor amendment to the building consent.

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2017/062: Grant of a building consent with a section 37 certificate for a house

This determination considered whether the authority’s decision to grant a building consent with an attached section 37 certificate that did not include a planning noncompliance that was not identified in the certificate. The determination also considers whether the authority could place a section 37 tag on the building work after the building consent had been issued.

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2017/061: Proposed demolition of half a duplex building and the compliance of the remaining half

This determination considers whether there was sufficient evidence provided in a building consent application for the authority to grant the consent under section 49 of the Act where half of a duplex is proposed to be demolished. The determination considered whether the proposed building work complies with Clauses B1, B2, C3, E2, and H1 of the Building Code.

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2017/043: Certificate of acceptance issued subject to qualifications for substituted imported composite slate roofing tiles on a house

This determination considers exclusions listed in a certificate of acceptance issued for the installation of imported composite slate roofing tiles.

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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: