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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1913 Determinations match your query
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2024/069: Regarding the compliance of building work with Building Code Clause E1 Surface water.

This determination considers whether the building work carried out at 189 Tanners Point Road relating to surface water collection and disposal complies with clause E1.3.1 as it relates to the protection of ‘other property’.

This turns on whether surface water collected or concentrated by buildings or sitework at 189 Tanners Point Road avoids the likelihood of damage or nuisance to 195 Tanners Point Road.

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2024/068: The issue of a notice to fix for a deck constructed without a building consent.

This determination considers the authority’s decision to issue a notice to fix for an alleged contravention of section 40 of the Act in relation to the construction of a deck.

This determination also considers whether the building work for the deck is exempt from the requirement to obtain a building consent under clause 24 of Schedule 1 of the Act.

This determination further considers the form and content of the notice to fix.

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2024/067: Regarding compliance with Clause E1.3.1 as it relates to the protection of 32 and 32A Wolsley Avenue, Milford

This determination concerns building work associated with the construction of four new dwellings.

The determination considers the compliance with Clause E1.3.1 of the Building Code in relation to protection of other property from surface water.

It also considers the issue of three building consents, and whether there were grounds to issue a notice to fix in relation to the compliance of the building works with Clause E1.3.1.

 

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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.

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2024/065: The authority’s decision to make changes to a building consent after the building consent had been issued.

This determination concerns an authority’s decision to re‐issue a building consent, adding a condition for natural hazard notification under section 73, after it had already issued a building consent for the same building work.

The determination considers whether the authority had the power to re‐issue the building consent.

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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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2024/063: Authority requests engineering assessment for residential building identified as potentially earthquake-prone.

This determination considers the territorial authority’s request, under Section 133AH of the Building Act 2004, to the building owner to provide an engineering assessment of a residential building identified as potentially earthquake-prone.

The determination discusses section 133AA and the types of residential buildings that the earthquake-prone building provisions of the Building Act apply to. 

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2024/062: The refusal to issue a code compliance certificate and the reasons given

This determination considers the authority’s refusal to issue a code compliance certificate due to concerns that some of the building work does not comply with the building consent and the Building Code.

The determination considers whether the authority had grounds for refusing to issue the code compliance certificate, and the reasons given for the refusal as set out in its section 95A notice.

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2024/061: Regarding a proposed notice to fix for the construction of a cable car building, two sets of stairways, and a toilet and shower building

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

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2024/060: An authority’s refusal to withdraw two notices to fix issued in relation to a change of use

This determination considers an authority’s decision to refuse to withdraw two notices to fix, which the owners believe had been satisfied by reverting to the building’s original use.

The determination turns on whether letting the house for short-term holiday accommodation to single groups constitutes a change of use from SH (Sleeping Single Home) to SA (Sleeping Accommodation).

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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: