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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2021/023: Regarding the purported refusal by an authority to grant a building consent for proposed new timber retaining walls

This determination considers an authority's purported exercise of decision not to grant a building consent on the basis that a producer statement design, related to the design of new timber retaining walls, which has not been signed by a registered Chartered Professional Engineer. The determination will discuss the status of a producer statement, some factors for an authority to consider when assessing a producer statement, and how these apply in this case.

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2021/022: Regarding two notices to fix and whether work carried out is building work

This determination considers the issue of notices to fix for construction of something that the owner claims is not a building. The determination considers whether the construction was of a vehicle, as the owner claimed, rather than a building. The determination also sets out the approach taken in High Court and District Court decisions that have considered the question of whether something with the characteristics of a vehicle were buildings.

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2021/021: Regarding the withdrawal of a notice to fix for a retaining wall, near the boundary with another property

This determination concerns a low retaining wall located near a boundary that was constructed without building consent, where a driveway was subsequently built near the top of the retaining wall on the neighbouring property. The determination considers whether the retaining wall was subject to a surcharge or load from vehicle traffic at the time of its construction, and whether the wall was exempt from the requirement for a building consent under Schedule 1 of the Building Act.

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2021/020: Regarding the refusal to issue a code compliance certificate for 23-year old alterations to a residential dwelling

This determination considers whether an authority was correct to refuse to issue a code compliance certificate for a building consent granted in 1998 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E1 Surface Water, and E2 External Moisture that applied in 1998.

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2021/019: Regarding the compliance of a swimming pool barrier that incorporates an existing balcony balustrade

This determination considers the compliance of a pool barrier that incorporates a balcony balustrade. In determining whether the barrier achieves the compliance with Clause F9 Means of Restricting Access to Residential pools of the Building Code, the determination assesses the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.

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2021/018: Regarding the compliance of a pool with Building Code Clause F4 Safety from falling

This determination considers the compliance of a particular aspect of a pool with respect to Building Code Clause F4 Safety from falling. The determination also considers whether the authority was correct to refuse to issue a code compliance certificate for the work and whether a waiver or modification of Clause F4.3.1 should be granted.

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2021/017: Regarding the issue of a code compliance certificate for the installation of a solid fuel burning appliance

This determination considers the authority's decision to issue a code compliance certificate for a woodburner.

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2021/016: Regarding the decision to issue a notice to fix for a retaining wall

This determination considers the authority's decision to issue a notice to fix relating to a retaining wall surrounding a tennis court in a rural location. In making this decision the determination will consider the south and west sections of the retaining wall and whether the building work done to these sections falls under clause 41 of Schedule 1 of the Act.

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2021/015: Regarding the compliance of an existing pool barrier

This determination considers the compliance of an existing pool barrier that incorporates a number of sliding wall panels and for which a code compliance certificate had previously been issued. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers whether an exemption had been granted under the Fencing of Swimming Pools Act 1987.

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2021/014: Regarding compliance with the Building Act of an existing pool barrier

Note: This determination is subject to appeal.

 

This determination considers the compliance of an existing pool barrier that incorporates brick columns and walls and sections of metal fencing, and hedges. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers the status of an exemption granted under the Fencing of Swimming Pools Act 1987.

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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: