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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2021/007: Regarding the code compliance of a frameless glass balustrade on a house

This determination considers the code compliance of a frameless cantilevered glass balustrade. The balustrade panels comprise a laminate of two toughened-glass panes with a plastic interlayer. Concerns about compliance of the balustrade were raised when the interlayer did not prevent a panel from collapsing when the glass was broken.

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2021/006: Compliance with Building Code Clause G13 Foul water of an effluent field that is part of a domestic foul water treatment system

This determination considers the compliance with Building Code Clause G13 Foul water of an effluent field that is part of a domestic foul water treatment system. The determination discusses the slope, stability and size of the disposal field.

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2021/005: Regarding the refusal to issue a building consent for building work associated with a relocated cabin

This determination concerns a refusal to issue a building consent for the construction of foundations for a relocated cabin and associated fixings and connections. The determination considers the reasons given for the refusal, which relate to establishing the Building Code compliance of the cabin itself. The determination also provides comment on the provisions relating to certificates of acceptance.

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2021/004: Regarding the proposed decision to grant a building consent conditional on a natural hazard being recorded on the property title

This determination discusses the correct interpretation of the natural hazards provisions in the Building Act (sections 71 to 74). It considers whether measures to mitigate a rockfall natural hazard constitute “adequate provision” to protect the land and buildings from the hazard.

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2021/003: The refusal to issue a code compliance certificate for 20-year-old additions and alterations to a 50-year-old house

This determination considers an authority’s refusal to issue a code compliance certificate for 20-year-old additions and alterations due to concerns about compliance with the Building Code. The determination considers the authority’s reasons for refusal and whether those items identified by the authority are compliant with the Building Code.

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2021/002: Regarding the proposed refusal of an amendment to a building consent relating to an intermediate floor in a new building

This determination considers whether a building consent authority was correct to propose to refuse an amendment to a building consent. This was due to a dispute with the owner over the maximum allowable area of an intermediate floor used for the storage of materials associated with a manufacturing, servicing and repair business. The determination considers the change in the intended use of the building during the course of the building work from a “warehouse” to a “workshop”, the means of compliance, and the area of the intermediate floor.

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2021/001: Regarding the refusal to grant a building consent for the conversion of part of a building from a carpark to a nightclub

This determination considers an authority’s decision not to grant building consent to a leaseholder for alterations to part of a building, based on the authority’s view that the seismic performance of the whole building was required to be upgraded. The determination discusses the requirement in section 115 for a building undergoing a change of use to comply, as nearly as is reasonably practicable, with the provisions of the Building Code relating to structural performance.

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2020/034: Regarding the compliance of fire safety precautions in a motel

Note: This determination is subject to appeal.

 

This determination considers the issue of a building consent and code compliance certificate for a motel in respect of a fire alarm system. The matter turns on whether the building work as approved in the building consent complied with Clauses C2 Means of escape from fire and F7 Warning systems, and whether the construction of the motel without a fire alarm system being installed met the performance requirements of those clauses when the code compliance certificate was issued.

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2020/033: The refusal to issue a code compliance certificate for historical building work to construct an outbuilding

This determination concerns the authority's decision to refuse to issue a code compliance certificate for construction of an outbuilding that was later converted to a sleepout. The determination considers the compliance of the building work identified by the authority in its reasons for refusing to issue the code compliance certificate.

2020/032: Regarding the compliance of a soil fixture space without a hand basin with Building Code Clause G1 Personal hygiene

This determination considers the compliance of a soil fixture space which does not contain a hand basin. The determination discusses the term "immediately adjacent" and whether the soil fixture space without a hand basin complies with Building Code Clause G1 Personal hygiene by way of the Acceptable Solution G1/AS1 and if not whether the space complies with Clause G1 as an alternative solution.

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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: