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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2025/040: An authority’s purported decision to refuse to grant a building consent in respect of a bamboo cladding system and accompanying appraisal.

This determination considers an authority’s purported decision to refuse to grant a building consent for a new dwelling with a proposed bamboo cladding system.

The reasons for the purported refusal come from the authority’s requests for further information and correspondence and relate to a BEAL appraisal certificate provided in respect of the bamboo cladding system.  

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2025/039: Regarding a notice to fix issued for a unit the owners consider is a vehicle

This determination concerns the issue of a notice to fix for a unit the owners consider is a vehicle.

The unit was moved to the property and connected to services. The determination considers the content of the notice to fix issued for carrying out building work without building consent.

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2025/038: Whether parties identified in a notice to fix were specified persons, the adequacy of the remedies in the notice and the timeframe provided

This determination considers the issuing of a notice to fix for retaining wall works.

It examines whether the director of the owning company was correctly identified as a specified person under section 163, the adequacy of the remedies proposed in the notice, and the reasonableness of the four-month compliance timeframe. 

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2025/037: Refusal to issue a code compliance certificate and compliance of a pool, deck and pool barrier

This determination considers an authority’s decision to refuse to issue a code compliance certificate for the construction of a new house with a pool.

The determination considers compliance of the as-built construction of a swim/spa pool with an adjoining timber deck and glass safety barrier in relation to safety from falling (clause F4) and restricting access to the pool by unsupervised young children (clause F9).

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2025/036: Whether a pool barrier complies with clause F9 of the Building Code and whether to grant a waiver of section 162C(1) Building Act 2004

This determination considers whether a residential pool with an adjacent set of steps complies with clause F9 of the Building Code to restrict access of young children to the pool.

The determination also considers whether granting a waiver under section 188(3A) of the Act would significantly increase the danger to children under five years of age.

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2025/035: Compliance of horizontal rusticated weatherboard wall cladding as-built with double-nail fixings with Clauses B2 and E2

This determination considers compliance with Building Code Clauses B2 Durability and E2 External Moisture of horizontal rusticated cedar weatherboard wall cladding in respect of the as-built double-nail fixing pattern of the weatherboards.

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2025/034: Refusal to grant a building consent amendment for the installation of uPVC joinery

This determination considers an authority’s decision to refuse to grant an application for an amendment to a building consent for the installation of new uPVC joinery installed as part of building work to alter to an existing building.

The determination considers the authority’s reasons for the refusal.

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2025/033: An authority’s decision to issue a notice to fix for the construction of roof flashings and external wall cladding

This determination considers an authority’s decision to issue a notice to fix regarding building work carried to construct ‘roof flashings and wall cladding systems’ at a new two-storey detached dwelling.

The determination considers the form and content of the notice to fix including the specified persons to whom it was issued, the particulars of contravention or non-compliance, and the associated remedy.

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2025/032: Regarding the proposed refusal to grant a building consent amendment for the recladding of a relocated dwelling

This determination considers the proposed decision to refuse to grant a building consent amendment for the recladding of a relocated dwelling.

The determination considers whether the proposed amendment to retain existing timber window joinery alongside new plywood and batten cladding would comply with Building Code clause E2 External moisture to the extent required by the Building Act.

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2025/031: The authority’s decision to refuse to grant a building consent for building work to a relocated dwelling.

This determination examines an authority’s decision to refuse to grant an application for a building consent for building work in relation to relocating and altering an existing dwelling under section 50.

The determination evaluates whether the authority’s reasons for refusing to grant the building consent were specific, clear and valid, particularly concerning the natural hazard provisions of the Act, and Clauses B1 Structure, E1 Surface Water and G13 Foul Water.

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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: