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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2017/048: Decision to grant a building consent subject to notification under section 73 for building work on land subject to a natural hazard

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the conditions under section 71(2) had been met and the consent could be issued without notification under section 73. Adequate provision had been made to protect the building work from the natural hazard (inundation) and the building work would not accelerate, worsen, or resulting in a natural hazard, but no provision had been made to protect the land.

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2016/034: Refusal to grant an s72 waiver for two building consents for proposed buildings on land subject to a natural hazard

This determination considers the authority’s refusal to grant a waiver under section 72 of the Act for two proposed buildings which are situated on land subject to a debris flow hazard.  The determination considers the risk to occupants from debris flow events, and the extent to which the proposed work will mitigate this risk.

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2015/018: Regarding the refusal to issue a building consent for an outbuilding on land that is subject to natural hazard

Discussed whether adequate provision was proposed to protect the building work from inundation and whether periodic flooding would affect building elements in relation to Clauses B1 and B2 of the Building Code.

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2012/002: Compliance of proposed building work on land subject to innundation


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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: