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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This determination considers the definitions of building under section 8 and building work under section 7, and whether the relocated structure is a building for the purposes of the Building Act. The determination also discusses the particulars of contravention/non-compliance described in the notice to fix with regard to building work carried out without building consent.
This determination considers whether there was sufficient evidence provided in a building consent application for the authority to grant the consent under section 49 of the Act where half of a duplex is proposed to be demolished. The determination considered whether the proposed building work complies with Clauses B1, B2, C3, E2, and H1 of the Building Code.
This determination is concerned with the compliance of 19-year-old additions and alterations to a house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.
This determination is concerned with the compliance of a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.
This determination is concerned with the compliance of a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.
This determination is concerned with the compliance of a 14-year-old house that had undergone repair works. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.
This determination considers two applications made for a certificate of acceptance for the recladding of an existing building: the work has been undertaken without a building consent having been issued. Both applications were declined by the authority. The determination considers the compliance of the work itself, the basis on which the work was done, and whether the authority was correct to decline the applications.
This determinatin considers the compliance of the building work, and whether there were reasonable grounds for the authority to issue a code compliance certificate. The determination also discussed inspections undertaken by the authority as a means of providing reasonable grounds on which to issue a code compliance certificate.
This determination is concerned with the compliance of 11-year-old alterations to a house built in the 1960s. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.
This determination is concerned with the compliance of the building envelope to a 15-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.
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:
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