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.

You can also search for Determinations on Building CodeHub

Find a determination

Applying filters will narrow down your search results

Find a determination

Search results

1913 Determinations match your query
Show detailed results

2024/039: An authority's decision to issue a notice to fix.

This determination considers an authority’s decision to issue a notice to fix alleging the owners had contravened several provisions of the Act. The determination discusses the details in the notice and whether the owners were fully and fairly informed of the basis for the notice being issued.

About this document

2024/038: An authority’s decisions to issue a notice to fix and a dangerous and insanitary building notice.

This determination considers an authority’s decision to issue a notice to fix and whether there has been a change of use under the Building Act of a house and converted garage. The determination also considers the authority’s decision to issue a dangerous and insanitary building notice for the converted garage.

About this document

2024/037: The authority’s decisions to issue two notices to fix.

This determination considers the authority’s decisions to issue two notices to fix to the owner. The notices were issued in relation to several structures at the owner’s property, as well as sanitary fixtures located in the garage and carport, and for a change of use of the garage. The determination considers whether there were grounds to issue the notices to fix, the form and content of the notices (including the remedies), and the application of section 167 of the Building Act 2004.

About this document

2024/036: The proposed refusal to issue a code compliance certificate for a house

This determination concerns the authority’s proposed refusal of a code compliance certificate. The determination considers whether the building work complies with the building consent, and whether particular elements of the building work comply with the relevant clauses of the Building Code.

About this document

2024/035: The purported refusal to grant a building consent for a skillion roof and whether it complies with E2.3.5 by way of E2/AS1

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

About this document

2024/034: How the provisions of the Building Act apply to the structural performance of an existing building where additional floors are being added

This determination considers the purported refusal of a building consent for alterations to a commercial building. The determination considers how the provisions of the Act apply to the assessment of the proposed additional floors for the purpose of clause B1 Structure of the Building Code. The determination explores the difference in the tests set out in section 17 and s112 of the Act.

About this document

2024/033: Issue of a notice to fix for an existing pool without a physical barrier and the consideration of a waiver of the need for a barrier

This determination considers the authority’s decision to issue a notice to fix for an existing pool on an offshore private island that does not have a physical barrier to restrict access by unsupervised young children. The determination considers whether the owner is required to comply with section 162C of the Building Act 2004 and whether a waiver is appropriate in the circumstances. 

About this document

2024/032: Regarding compliance with Building Code Clause D1 of a pedestrian walkway located in a retirement village

This determination considers whether a sloped pedestrian walkway between two levels of a retirement village is required to comply with clauses of Building Code Clause D1 that concern accessible routes. It also discusses the requirements in the Building Act for accessible routes in relation to different types of buildings within the village.

About this document

2024/031: Regarding the compliance of building work with Building Code clause E1.3.1 Surface water

This determination considers whether the building work carried out at 57 Pomona Road complies with E1.3.1 as it relates to the protection of ‘other property’ at 53 Pomona Road. This turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage to 53 Pomona Road.

About this document

2024/030: The authority’s decisions to issue two notices to fix for a retaining wall constructed by a previous owner of the neighbouring property

This determination considers the authority’s decisions to issue two notices to fix for a retaining wall constructed by a previous owner of the neighbouring property. The determination considers whether there were grounds to issue the notices to fix to the applicant, and the form and content of the notices.

About this document

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: