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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2023/024: Regarding the authority's proposed decision to refuse to issue a building consent in respect of the location of a pool barrier.

This determination considers the authority's proposed decision to refuse to issue a building consent for a pool house as compliance with clause F9 of the Building Code, Restricting access to residential pools, had not been demonstrated due to the lack of a barrier between the pool house and pool. The determination considers whether a pool house with bathroom, gym, changing facilities, kitchen/bar, lounge and roof deck, as well as rear patio area can be considered part of the immediate pool area.

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2023/023: Regarding the failure to issue a notice to fix for a concrete slab foundation.

This determination considers the authority's decision to not issue a notice to fix for a concrete slab foundation after complaints were made by the owner.

This determination is subject to appeal.

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2023/022: Regarding the compliance of an existing pool barrier with section 162C and consideration of a waiver or modification.

This determination discusses whether a pool barrier with surrounding vegetation complies with section 162C of the Building Act. It discusses the various pathways for compliance including the Fencing of Swimming Pools Act 1987 and clauses F4 and F9 of the Building Code. The determination also considers whether a waiver or modification is appropriate in the circumstances.

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2023/021: The refusal to issue a code compliance certificate for a 21-year-old dwelling.

This determination considers the authority's decision to refuse to issue a code compliance certificate for a building consent for a dwelling with monolithic cladding. The authority raised concerns including in regards to Building Code clauses E2 External Moisture and B2 Durability.

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2023/020: Regarding compliance of the depositing and collection of solid waste.

This determination considers compliance for the depositing and collection of solid waste under Building Code Clause G15 Solid Waste for a new residential property development. The determination considers if the waste storage area proposed provides reasonable access for the depositing and collection of solid waste.

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2023/019: Regarding the proposed refusals to issue two code compliance certificates for building work to construct and alter a dwelling.

The determination considers the authority’s proposed decisions to refuse to issue code compliance certificates for two separate building consents for the construction, and subsequent alterations, to a detached dwelling. The determination considers the authority’s reasons for the refusals and whether sufficient information has been provided to the authority for it to be satisfied the building work complies with the Building Code that applied at the time the building consents were granted.

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2023/018: An authority’s refusal to issue a code compliance certificate for a 27-year-old house

This determination considers an authority’s refusal to issue a code compliance certificate for a 27-year-old house, because of the authority’s concerns about cracks in the cladding and a lack of inspections at the time of construction. The determination considers the requirement to specify reasons for refusal, and the authority’s reasons for refusal in this case.

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2023/017: The proposed issue of a notice to fix regarding the change of use of motel units

This determination considers whether there was a change of use in relation to a building
that was used for emergency housing, where previously it had been used as tourist
accommodation. More specifically, the determination considers whether the use group
changed from 'sleeping accommodation' to 'sleeping residential' and, if so, whether that
resulted in additional or more onerous Building Code requirements.

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2023/016: Whether showers constructed without inbuilt seating or handrails comply with clause G1.3.4 of the Building Code

This determination considers whether alterations to a building, undertaken during the internal fit out of a wellness centre, comply to the extent required by the Building Act 2004. Specifically, it considers whether the showers in the float rooms, which have been constructed without inbuilt seating or handrails, comply with clause G1.3.4 of the Building Code. Clause G1.3.4 requires that personal hygiene facilities provided for disabled people are accessible.

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2023/015: Decision to issue a code compliance certificate for the construction of the foundation and floor slab of a vehicle storage shed

This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies with the building consent and Building Code, taking into account all the information now available.

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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: