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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2017/025: Access and facilities for people with disabilities to a hypothetical public dive pool

This determinatino considers whether an accessible route is required for a deep water pool that is part of a public swimming pool facilties. The determination discusses the requirement for an accessible route, both in terms of the deep water pool only and also in terms of it being one of a number of pools within the facility, and the normal activities carried out in those pools.

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2017/009: Compliance with Clause D1 in regards to the use of balustrade capping as a handrail in a house

This determination considers whether a balustrade handrail as constructed complies with Clause D1. The determination considers the use of the balustrade capping as a handrail and discusses the relevant width measurement and whether the capping is sufficient to provide a firm grasp in the event of a fall.

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2016/063: Regarding the compliance of a single inner handrail to a spiral stairway

This determination considers the compliance of an alternative solution proposing the use of a single handrail on the inner face of a secondary private spiral stairway. The determination discusses the relative angle of the handrail and the pitch line of the stairs, and whether the handrail is graspable and would provide sufficient grip to arrest a fall.

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2016/050: Regarding whether proposed alterations to a three-level office building require a lift to satisfy requirements for persons with disabilities

This determination considers whether a lift is required to a three-level office building as part of alterations to the existing building. The determination discusses the requirements of section 118, the effect of unit titles, the performance requirements of Clause D1, and whether there is sufficient information on which to conclude that compliance to the extent required by section 112 is achieved in that it would not be reasonably practicable to install a lift.

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2016/036: Regarding access for people with disabilities to the lower level of a new rowing club building

This determination considers whether a lift is required to the lower level of a proposed two-storey rowing club building. The determination considers compliance against the relevant Acceptable Solution and what constitutes reasonable and adequate access for people with disabilities to the lower level. The determination also considers access to areas adjacent the building.

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2016/021: Regarding the compliance of proposed access for people with disabilities to one of three swimming pools in a proposed aquatic centre

This determinatin considers what constitutes reasonable and adequate access for people with disabilities to one of three different pools in a proposed aquatic centre. The determination considers the intended use of the pool, and discusses the functionality of the proposed platform lift in comparison to other means of providing access for people with disabilities.

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2016/020: The refusal to issue a code compliance certificate for an 8-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate for a house; the authority’s concerns were chiefly to do with the weathertightness and durability of the exterior envelope. The determination discusses the authority’s reasons for the refusal, and whether there was sufficient evidence of compliance in order to issue a code compliance certificate.

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2016/014: Regarding access and facilities for people with disabilities to a gym in an existing two-storey building

This determination considers whether a lift is required to a mezzanine level of a gym as part of alterations to the existing building, and the compliance of the alterations in respect of Clause G1 Personal hygiene and D1 Access routes. The determination considers the weighing of the benefits and sacrifices as part of the section 112 requirement for compliance as nearly as is reasonably practicable, and also discusses the area and occupancy of the mezzanine level.

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2016/007: Regarding the code compliance of access for people with disabilities to three swimming pools in a proposed aquatic centre

This determination considers what is reasonable and adequate access for people with disabilities to three different pools in a proposed aquatic centre.  The determination discusses the intended use of the pools and the interrelationship with the design features of the pools, as well as the use of other countries guidance documents and standards to achieve compliance as an alternative solution.

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2015/078: Regarding the refusal to issue a code compliance certificate for a 9 year-old house with mixed claddings

This determination considers the authority’s decision to refuse to issue a code compliance certificate; the grounds for the refusal were the authority’s concerns regarding the performance of the exterior cladding in terms of weathertightness and durability. The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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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: