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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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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2024/059: 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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2024/058: An authority’s decisions to issue a building consent and code compliance certificate for a dwelling and compliance with B1

This determination considers an authority’s decisions to grant a building consent and issue a code compliance certificate for construction of a dwelling.

The determination turns on whether the design and construction of the timber pile foundations comply with Building Code Clause B1 Structure.

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2024/057: The compliance of one unisex toilet in a new industrial workshop building with clause G1.3.1 of the Building Code

This determination considers the number of sanitary fixtures required for a new industrial workshop building to comply with Building Code Clause G1 Personal Hygiene.

This determination discusses the building occupancy methods set out in Acceptable Solution G1/AS1 to determine the required number of sanitary fixtures.

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2024/056: An authority’s decision to issue a notice to fix in relation to building work at a residential property

Note: This determination is subject to appeal.

This determination considers an authority’s decision to issue a notice to fix in relation to several items of building work.

The determination considers whether the building work was exempt from the requirement to obtain a building consent.

The determination also considers the remedies in the notice to fix, and other points raised relating to the notice to fix provisions in the Building Act.

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2024/055: An authority’s decision to refuse to grant a building consent for dam upgrade works under section 71

This determination considers an authority’s decision to refuse to grant a building consent for upgrade works to a dam under section 71 of the Building Act 2004. This matter turns on whether the threshold in section 71(1) is met.

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2024/054: The building code compliance and a failure to issue a notice to fix in relation to two tiled showers

This determination looks at building work to install two tiled showers to an existing dwelling.

The matter being determined is whether there was a failure to issue a notice to fix in relation to this work.

The determination considers if there was a requirement to obtain building consent before carrying out the work and whether the completed work complies with the requirements of Building Code Clause E3 Internal Moisture.

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2024/053: An authority’s decision to grant a building consent under section 72 on land that is subject to a natural hazard

This Determination is subject to appeal.

This determination considers the authority’s decision to issue a building consent under section 72 for alterations to a dwelling on a property that is subject or likely to be subject to the natural hazard of inundation by flooding.

It considers whether adequate provision to protect the land for flooding has been made.

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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: