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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2026/023: An authority’s decision to refuse to issue a notice to fix for building work to construct a retaining wall

This determination concerns an authority’s decision to refuse to issue a notice to fix for building work associated with a retaining wall.

The determination considers whether the building work (including sitework) carried out on the boundary of several properties complies with clause B1.3.6 of the Building Code as it relates to avoiding the likelihood of damage to other property.

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2026/022: The authority’s decision to withdraw a notice to fix relating to the compliance of a shed built along the property boundary

This determination considers the authority’s decision to withdraw a notice to fix for a contravention of section 17. The matter relates to construction of a shed in 2019 and compliance with the clause C3.7 of Building Code.

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2026/021: An authority’s decision to refuse to issue a dangerous building notice for a private bridge

This determination considers an authority’s decision to refuse to issue a dangerous building notice for a private bridge which serves four properties. The bridge was damaged in a flooding event and subsequently repaired.

The determination considers the test in section 121 of the Building Act 2004, in terms of whether the bridge is likely to cause injury or death in the ordinary course of events.

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2026/020: A decision to issue a notice to fix for building work carried out without a building consent

This determination considers a notice to fix issued in relation to building work carried out to construct two huts and associated structures without a building consent.

The determination discusses whether, at the time the notice was issued, the building work was exempt from the requirement to obtain a building consent under Schedule 1 of the Act, and the form and content of the notice.

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2026/019: An authority’s decision to issue a notice to fix for building work carried out to construct a seawall without a building consent

This determination relates to a notice to fix where the authority considered that work to construct a seawall undertaken without a building consent was building work regulated under the Building Act.

The determination also considers the content of the notice to fix.

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2026/018: The authority’s decision to grant a building consent in relation to the importance level of a building being structurally strengthened

This determination considers the authority’s decision to grant a building consent for seismic structural strengthening work on a commercial building where the building has been considered as Importance Level 2 in terms of structure.

The determination considers whether there are any factors that would make it instead Importance Level 3.

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2026/017: The issue of a certificate of acceptance for a shower room and building code compliance of the work

This determination concerns the decision of the authority to issue a certificate of acceptance for the installation of a new shower room in an existing dwelling.

The determination considers whether the building work complies with Building Code Clause E3 – Internal moisture and Building Code Clause G13 - Foul Water.

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2026/016: An authority's decision to issue a notice to fix for work carried out without a building consent for a drainage system and shed

This Determination is subject to appeal.

This determination concerns an authority’s decision to issue a notice to fix for building work it considered required a building consent.

The determination considers whether the installation of a drainage system that disposes of grey water from a unit is building work, and whether construction of a shed is exempt from requiring a consent under Schedule 1 of the Building Act. It also considers the form and content of the notice to fix. 

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2026/015: Compliance of a tiled bathroom floor with Building Code clause E3

This determination considers the compliance of a tiled floor of an upper-level bathroom with Building Code clause E3 Internal moisture.

The determination discusses the tiled floor system, the shower enclosure and the compliance of the tiled floor with Building Code clause B2 Durability, in so far as it relates to clause E3. 

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2026/014: An authority’s proposed decision to refuse a building consent with the reasons relating to the compliance of the bracing design with B1/AS1

The determination considers the authority’s proposed decision to refuse a building consent in relation the bracing design in a new dwelling.

In making the determination, it will consider the reasons for the refusal about whether the compliance pathway for the design of the bracing is Acceptable Solution B1/AS1.

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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: