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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2025/002: An authority’s proposed refusal to grant a building consent for two multi-unit buildings in relation to the application of C/AS1 Part 5

This determination considers an authority’s proposed refusal to grant a building consent for two multi-unit buildings.

The determination considers the application of Acceptable Solution C/AS1 paragraph 5.1.1 for the proposed external wall design in relation to control of external fire spread.

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2024/064: Regarding the compliance of proposed internal door locks which alter the building’s means of escape from fire

This determination considers whether the proposed installation of bedroom door locks at a residential housing facility, which alters the building’s means of escape from fire, complies with Building Code clause C4 Movement to a place of safety.

It also considers clause A1 Classified Uses to identify the extent to which the building must comply with C4.

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2024/041: Regarding the authority’s refusal to grant a building consent for building work to replace the existing fire alarm system in a cool store.

This determination considers the decision by the authority to refuse to grant a building consent for work to disestablish an existing sprinkler system. The authority considered that there were outstanding issues regarding the fire load within the building, the proposed replacement warning system, and the fire rating requirements for the building. The determination discusses the outstanding issues at the time the building consent was refused, and the refusal letter issued by the authority.

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2024/014: Compliance of a stormwater tank near a property boundary with Building Code clauses concerning fire affecting other areas

This determination considers whether a stormwater tank near a property boundary is required to comply with performance clauses C3.6 and C3.7 of Building Code Clause C3 Fire affecting areas beyond the fire source.  

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2024/012: Regarding whether the installation of a woodburner complies with the Building Code

The authority refused to issue a code compliance certificate for the building work and is seeking determination as to whether the installation of a woodburner (of which the hearth is a necessary element) complies with the Building Code.

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2021/017: Regarding the issue of a code compliance certificate for the installation of a solid fuel burning appliance

This determination considers the authority's decision to issue a code compliance certificate for a woodburner.

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2021/010: Regarding the refusal of a building consent for alterations to an existing students' hall of residence

This determinaton considers whether the authority was correct to refuse a building consent for alterations to an existing school building. It considers the reasons for refusing to grant a building consent under section 50 of the Building Act, and what is as nearly as is reasonably practicable under section 112 of the Building Act, specifically in relation to installing a fire sprinkler system.

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2021/002: Regarding the proposed refusal of an amendment to a building consent relating to an intermediate floor in a new building

This determination considers whether a building consent authority was correct to propose to refuse an amendment to a building consent. This was due to a dispute with the owner over the maximum allowable area of an intermediate floor used for the storage of materials associated with a manufacturing, servicing and repair business. The determination considers the change in the intended use of the building during the course of the building work from a “warehouse” to a “workshop”, the means of compliance, and the area of the intermediate floor.

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2020/034: Regarding the compliance of fire safety precautions in a motel

Note: This determination was subject to appeal. The Determination was confirmed and the appeal was dismissed. Read the appeal judgement.

 

This determination considers the issue of a building consent and code compliance certificate for a motel in respect of a fire alarm system. The matter turns on whether the building work as approved in the building consent complied with Clauses C2 Means of escape from fire and F7 Warning systems, and whether the construction of the motel without a fire alarm system being installed met the performance requirements of those clauses when the code compliance certificate was issued.

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2020/029: Regarding the issue of a notice to fix for building work to a sprinkler system carried out without a building consent

This determination considers whether a territorial authority was correct to issue a notice to fix for building works that involved the alterations and modifications of an existing specified system – an automatic sprinkler system – where a building consent was not obtained prior to the works commencing. The determination also considers if the building works could have been undertaken in accordance with clause 10 of Schedule 1 of the Building Act.

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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: