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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2014/055: Regarding the issue of a notice to fix for building work carried out to a house

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2014/051: The issue of a notice to fix for the construction of a deck without building consent

Note: The determination was subject to appeal but this was dismissed by the Court. See: H Davis v Ministry of Business Innovation and Employment [PDF 179 KB] (District Court, Auckland, 30 July 2015, CIV-2015-004-00009)

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2014/050: The issue of a notice to fix requiring removal of a conservatory to the upper level of a house

Discussed whether the building work classified as an exemption under Schedule 1 (17; 15) of the Act including whether the building work constituted a conservatory, porch or veranda, what definitions exist for these phrases and whether the building work was on the ‘ground or first-storey level’. Also discussed if the building work classified for an exemption under Schedule 1(2) of the Act.

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: