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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2024/003: Whether three buildings are backcountry huts

This determination considers whether, for the purpose of compliance with the Building Code, three buildings meet the definition of 'backcountry hut' in Clause A2 Interpretation. The determination considers if the buildings are intended to provide overnight shelter to any person who may visit and who carries his or her own food, bedding, clothing, and outdoor equipment.

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2022/012: Whether a building which is occasionally used for public accommodation falls within the classified use 'detached dwellings'

The determination concerns the classified use of a building that is let out on occasion for public accommodation. The determination considers whether the classified use falls within "Detached dwellings" or "Community service" under Building Code Clause A1 - Classified uses.

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2020/025: Regarding the authority's decisions to issue a dangerous and insanitary building notice and a certificate of acceptance

This determination considers the authority's decision to issue a dangerous and insanitary building notice and a certificate of acceptance in respect of a sleepout. The determination discusses whether the sleepout was dangerous or insanitary at the time, whether the authority was correct to include a 'restriction of usage' within the issued certificate of acceptance, and the classified use of the sleepout.

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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: