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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2022/019: Regarding the authority’s refusal to issue a code compliance certificate for stucco monolithic plaster cladding

This determination considers whether the authority was correct to refuse to issue a code compliance certificate because it considers the stucco monolithic plaster applied to the external walls of an extension of an existing dwelling does not comply with clauses E2 External moisture and B2 Durability of the Building Code.

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2022/018: Regarding a notice to fix issued for a relocated unit

This determination considers whether a unit is a building that is subject to the Building Act. It discusses the tests of 'immovability' and 'permanent or long-term occupation' in relation to a vehicle, and the requirements for a notice to fix.

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2022/017: Regarding the refusal to issue a code compliance certificate for weathertightness remedial work on a townhouse

Note: This determination was subject to appeal to the District Court and was confirmed.

Appeal judgment [PDF 269KB]

This determination considers whether the authority was correct to refuse to issue a code compliance certificate for remedial recladding work. The determination considers whether the building work complies with clauses B2 Durability and E2 External moisture.

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2022/016: Whether building consent is required for a small unit prefabricated offsite

This determination considers an authority's proposed decision to require a building consent for prefabrication of a unit intended to be moved to another site. The determination discusses whether the unit is a 'building' in terms of the Building Act, the definition of 'building work' in the Act, and the exemption from the requirement to obtain building consent contained in clause 43 of Schedule 1 of the Act.

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2022/015: Regarding the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling

This determination considers the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling. This determination also considers whether to grant a modification of Clause F4.3.1, to permit a 1200mm change of level without a safety from falling barrier, in the circumstances of this case.

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2022/014: Authority’s decision not to issue a notice to fix for earthworks and a retaining wall

This determination considers whether the authority was correct to refuse to issue a notice to fix for site works that occurred over a period of years. The determination also considers the compliance of the work and status of the developer as a specified person.

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2022/013: Authority’s refusal to grant a building consent for the construction of a dwelling

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers whether sufficient information was included in the building consent application.

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2022/012: Whether a building which is occasionally used for public accommodation falls within the classified use 'detached dwellings'

The determination concerns the classified use of a building that is let out on occasion for public accommodation. The determination considers whether the classified use falls within "Detached dwellings" or "Community service" under Building Code Clause A1 - Classified uses.

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2022/011: Considering the authority's decision to issue a code compliance certificate for a pool barrier

This determination considers the authority's decision to issue a code compliance certificate for a pool barrier. The determination considers whether the area enclosed by the pool barrier should be included within the immediate pool area.

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2022/010: The authority's refusal to grant a building consent for foundations, a deck, a roof structure, and the installation of a solid fuel heater

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers the authority's reasons for the refusal and whether sufficient information was included in the building consent application for the authority to be satisfied that the provisions of the Building Code would be met if the building work were properly completed in accordance with the plans and specifications under section 49 of the Building Act.

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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: