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

1917 Determinations match your query
Show detailed results

2025/001: The purported decision to refuse to issue a building consent for reasons relating to the building’s use and means of escape from fire.

This determination considers an authority’s purported decision to refuse to issue a building consent for alterations and an addition to an existing building.

The matter turns on whether the proposed building work would have resulted in a change of use for the building and whether the building would have complied as nearly as reasonably practicable with clause C4.3 of the Building Code relating to means of escape from fire.

About this document

2024/072: Refusal to issue a code compliance certificate due to outstanding producer statements

This determination considers an authority’s refusal to issue a code compliance certificate due to outstanding producer statement documentation. The determination considers the reasons the authority gave for the refusal.

About this document

2024/071: The authority’s decision to issue a compliance schedule for a telecommunications exchange structure

This determination considers the authority’s decision to issue a compliance schedule for a telecommunications exchange structure.

The determination discusses whether the structure is part of, or related to, a network utility operator system and therefore not considered a ‘building’ for the purposes of the Act.

About this document

2024/070: Regarding a decision to refuse to issue a code compliance certificate in relation to a hedge and safety from falling.

This determination looks at building work to construct two retaining walls in conjunction with the construction of a dwelling.

The matter being determined is the authority’s purported decision to refuse to issue a code compliance certificate in relation to the falls related to the retaining walls and compliance with Building Code Clause F4 – Safety from falling.

The determination considers whether the falls related to the retaining walls are relevant to the purported refusal and whether the current hedge meets the requirements of clause F4.

About this document

2024/069: Regarding the compliance of building work with Building Code Clause E1 Surface water.

This determination considers whether the building work carried out at 189 Tanners Point Road relating to surface water collection and disposal complies with clause E1.3.1 as it relates to the protection of ‘other property’.

This turns on whether surface water collected or concentrated by buildings or sitework at 189 Tanners Point Road avoids the likelihood of damage or nuisance to 195 Tanners Point Road.

About this document

2024/068: The issue of a notice to fix for a deck constructed without a building consent.

This determination considers the authority’s decision to issue a notice to fix for an alleged contravention of section 40 of the Act in relation to the construction of a deck.

This determination also considers whether the building work for the deck is exempt from the requirement to obtain a building consent under clause 24 of Schedule 1 of the Act.

This determination further considers the form and content of the notice to fix.

About this document

2024/067: Regarding compliance with Clause E1.3.1 as it relates to the protection of 32 and 32A Wolsley Avenue, Milford

This determination concerns building work associated with the construction of four new dwellings.

The determination considers the compliance with Clause E1.3.1 of the Building Code in relation to protection of other property from surface water.

It also considers the issue of three building consents, and whether there were grounds to issue a notice to fix in relation to the compliance of the building works with Clause E1.3.1.

 

About this document

2024/066: The authority’s decision to refuse an amendment to a building consent to increase the immediate pool area.

This determination considers the authority’s decision to refuse an application for an amendment to a building consent proposing to extend and increase the immediate pool area.

The determination discusses the reasons for refusal, and whether the additional spaces enclosed can be included within the ‘immediate pool area’ as defined by the Act.

About this document

2024/065: The authority’s decision to make changes to a building consent after the building consent had been issued.

This determination concerns an authority’s decision to re‐issue a building consent, adding a condition for natural hazard notification under section 73, after it had already issued a building consent for the same building work.

The determination considers whether the authority had the power to re‐issue the building consent.

About this document

2024/064: Regarding the compliance of proposed internal door locks which alter the building’s means of escape from fire

This determination considers whether the proposed installation of bedroom door locks at a residential housing facility, which alters the building’s means of escape from fire, complies with Building Code clause C4 Movement to a place of safety.

It also considers clause A1 Classified Uses to identify the extent to which the building must comply with C4.

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: