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.

You can also search for Determinations on Building CodeHub

Find a determination

Applying filters will narrow down your search results

Find a determination

Search results

78 Determinations match your query
Show detailed results

2024/066: The authority’s decision to refuse an amendment to a building consent to increase the immediate pool area.

This determination considers the authority’s decision to refuse an application for an amendment to a building consent proposing to extend and increase the immediate pool area.

The determination discusses the reasons for refusal, and whether the additional spaces enclosed can be included within the ‘immediate pool area’ as defined by the Act.

About this document

2024/044: Whether a swimming pool barrier complies with Clause F9 of the Building Code

This determination considers whether a swimming pool barrier complies with Clause F9.3.3 in relation to a pole on the outside of the barrier. The determination discusses whether the pole could assist children under 5 years of age in negotiating the barrier.

About this document

2024/033: Issue of a notice to fix for an existing pool without a physical barrier and the consideration of a waiver of the need for a barrier

This determination considers the authority’s decision to issue a notice to fix for an existing pool on an offshore private island that does not have a physical barrier to restrict access by unsupervised young children. The determination considers whether the owner is required to comply with section 162C of the Building Act 2004 and whether a waiver is appropriate in the circumstances. 

About this document

2024/015: Regarding the compliance of a pool barrier on a property boundary and a pool cover with Building Code Clause F9.3.1

This determination considers whether a section of a residential pool barrier located on a property boundary complies with Building Code Clause F9.3.1. The determination looks at whether the barrier in combination with an automatic pool cover can comply as an alternative solution.

About this document

2023/032: Regarding the compliance of a pool barrier with adjacent pole

Concerns whether a pool barrier with a shade‐sail pole on the outside of, and within close proximity to, the pool barrier complies with Building Code Clause F9.3.3 and the matter will turn on whether the shade sail pole is a ‘permanent object or projection on the outside of the pool barrier’ that could ‘assist young children in negotiating the barrier’ as set out in Clause F9.3.3 of the Building Code

About this document

2023/028: Regarding the compliance of a pool barrier with section 162C of the Building Act 2004

This determination considers whether a metal pool barrier, with surrounding vegetation and gaps which are larger than 100mm, complies with section 162C of the Building Act. The determination discusses the various pathways to compliance, including the Fencing of Swimming Pools Act 1987, clause F4 of the Building Code applicable at the time pool was constructed, clause F9 of the current Building Code and Acceptable Solution F9/AS1.

About this document

2023/026: Regarding the compliance of a pool barrier with section 162C of the Building Act 2004

This determination considers whether a section of a residential pool barrier complies with section 162C of the Building Act 2004. In making this decision, the determination will consider the gaps in the metal fencing that forms part of the barrier as well as the hedging planted on the outside.

About this document

2023/024: Regarding the authority's proposed decision to refuse to issue a building consent in respect of the location of a pool barrier.

This determination considers the authority's proposed decision to refuse to issue a building consent for a pool house as compliance with clause F9 of the Building Code, Restricting access to residential pools, had not been demonstrated due to the lack of a barrier between the pool house and pool. The determination considers whether a pool house with bathroom, gym, changing facilities, kitchen/bar, lounge and roof deck, as well as rear patio area can be considered part of the immediate pool area.

About this document

2023/022: Regarding the compliance of an existing pool barrier with section 162C and consideration of a waiver or modification.

This determination discusses whether a pool barrier with surrounding vegetation complies with section 162C of the Building Act. It discusses the various pathways for compliance including the Fencing of Swimming Pools Act 1987 and clauses F4 and F9 of the Building Code. The determination also considers whether a waiver or modification is appropriate in the circumstances.

About this document

2023/002: Regarding the compliance of a pool barrier located close to a property boundary with Clause F9

This determination considers whether a proposed pool barrier near a property boundary complies with Building Code Clause F9. The determination looks at the requirements of the Acceptable Solution F9/AS1 as it relates to pool barriers near property boundaries and whether future changes a neighbour maybe a factor when considering Building Code compliance of the pool barrier.

About this document

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: