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

131 Determinations match your query
Show detailed results

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

2024/067: 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

2024/050: Regarding compliance with the Building Code and the issue of a code compliance certificate for building work associated with a new dwelling

This determination considers the decision to issue a code compliance certificate for a building consent to construct a dwelling.

The determination also considers compliance with the Building Code of a deck, surface water drainage system in the vicinity of that deck and the foundation walls with Clauses B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture.

About this document

2024/048: Regarding an authority’s decision to grant a building consent

This determination considers an authority’s decision to grant a building consent regarding building work associated with the relocation of an existing dwelling. The authority believes it granted the building consent in error, and that decision should be reversed, due to concerns that have subsequently arisen with the designs for the onsite surface water and foul water disposal systems.

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

2024/026: The authority’s decision to issue a notice to fix in relation to a retaining wall

This determination considers the authority's decision to issue a notice to fix for the construction of a retaining wall. The determination considers whether there were grounds to issue the notice to fix (including whether the building work was exempt from the requirement to obtain a consent), and the form and content of the notice to fix.

About this document

2023/037: The compliance of a waterproof membrane tanking system with Clause E2 of the Building Code

This determination considers whether the tanking system, applied to a blockwork retaining wall on a residential house, complies with the weathertightness requirements of Building Code clause E2 External Moisture.

About this document

2023/012: Regarding the decision to issue a code compliance certificate for alterations to an existing residential dwelling

This determination considers the decision by an authority to issue a code compliance certificate for building work undertaken to alter an existing detached residential dwelling. The determination will consider the compliance of specific elements of the building work against the requirements of a building consent and the Building Code, taking into account all the information now available.

About this document

2022/008: Compliance of a timber retaining wall with Building Code clauses B1 Structure and E1 Surface Water that provide protection of other property

This determination considers whether building work to construct a new retaining wall close to the boundary between two properties complies with Building Code clauses B1 Structure and E1 Surface water that have the purpose of protecting other property.

About this document

2022/005: Compliance of building work with Building Code clauses B1 Structure and E1 Surface Water, that provide protection of other property

This determination considers whether building work to construct an extension to an existing deck, a new retaining wall, and other structures along a boundary between two properties, comply with Building Code Clauses B1 Structure and E1 Surface Water that provide for the protection of other property.

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: