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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2024/006: The refusal to issue a certificate of acceptance for building work associated with a dwelling

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.

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2024/008: Regarding whether a timber barrier to a retaining wall complies with Building Code clauses F4.3.1 and F4.3.4

This determination considers whether a timber barrier to a retaining wall complies with Building Code clauses F4.3.1 and F4.3.4(b), (e) and (g). The determination also assesses whether the Limit on Application of F4.3.1 applies to the as‐built structure.

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2024/003: Whether three buildings are backcountry huts

This determination considers whether, for the purpose of compliance with the Building Code, three buildings meet the definition of 'backcountry hut' in Clause A2 Interpretation. The determination considers if the buildings are intended to provide overnight shelter to any person who may visit and who carries his or her own food, bedding, clothing, and outdoor equipment.

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2024/004: Regarding the refusal to carry out a final inspection and issue a code compliance certificate for a 22-year-old house

This determination considers an authority's decision to refuse to issue a Code Compliance Certificate for a building consent granted in 2000 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, E2 External moisture that applied in 2000.

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2024/001: Regarding the issue of a dangerous and affected building notice for a residential dwelling

This determination considers an authority's decision in issuing a dangerous and affected building notice for a dwelling. The determination considers the status of the building at the time the notice was issued and takes into account all the information that is now available.

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2023/039: Compliance of handrails to an external stair with Clause D1 Access routes

This determination considers whether building work carried out to install two handrails to an external stair to a dwelling complies with Building Code Clause D1 Access routes. The determination considers whether the as-built handrails are "graspable" in accordance with clause D1.3.3(j), and the requirements of the relevant acceptable solution.

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2023/035: Whether proposed alterations to a dwelling to replace internal stairs with a lift comply with Clause D1 Access routes

This determination considers whether proposed building work to alter an existing dwelling to replace an internal stair with a lift will comply with Building Code Clause D1 Access routes. The determination considers whether, regardless of the lift, a stair is also required to allow access between floors, to comply with clause D1.3.3(e), when both floors have access to the ground outside.

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2023/033: Regarding the compliance of, and decisions made by an authority in relation to, encroaching building work

This determination considers compliance of building work that encroached across the boundary between two properties with Building Code Clauses B1 Structure, B2 Durability and C3 Fire affecting areas beyond the fire source. The determination also considers the authority’s decisions to grant the original building consent, an amendment to that consent, and subsequent issue of the code compliance certificate, and the authority’s alleged failure to issue a notice to fix.

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2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent

This determination considers an authority's decision to refuse an application for a discretionary exemption from the requirement to obtain building consent, under clause 2 of Schedule 1 of the Building Act 2004. The determination considers the authority’s reasons for refusal, and whether a discretionary exemption can be considered after the building work has been completed.

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2023/025: The authority's decision to issue a notice to fix for a container arch structure that was constructed without building consent.

This determination considers the authority's decision to issue a notice to fix for a container arch structure that was constructed without building consent. The determination considers whether there was a contravention of section 40 of the Building Act 2004, which turns on whether the building work was exempt from the requirement for a building consent under clause 3A of Schedule 1. The determination also considers whether the owner is a specified person that has contravened 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: