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

1893 Determinations match your query
Show detailed results

2019/005: Regarding the authority’s decision to issue of a notice to fix for the conversion of a garage to a self-contained unit

This determination considers whether a garage detached associated with a dwelling has undergone a change of use when it was converted to a self-contained unit.  Council issued a notice to fix in respect of the conversion and the determination considers whether the garage has undergone a change of use as provided for in the legislation.

About this document

2019/004: Decisions to refuse to issue a code compliance certificate and to issue a notice to fix in respect of a solid fuel heater

Note: This determination is subject to clarification

 

This determination concerns an as-installed solid fuel heater installed without the clearance behind it that was described in the manufacturer’s installation instructions.  The determination considers the compliance of heater and a notice to fix issued in respect of this work.

About this document

2019/003: Regarding the ground preparation for house foundations and whether this satisfied Clause B1 Structure

Note: This determination is subject to clarification

 

This determination considers the ground preparation to a site before a house with a proprietary foundation had been constructed. The site was in the Canterbury region and had been classified as TC2. The determination considers whether the site and its preparation meet Clause B1 Structure, and whether the authority was correct to issue the code compliance certificate in respect of this work.

About this document

2019/002: Regarding the issue of a notice to fix for a house with foam insulation

This determination considers the compliance of foam insulation installed to the walls and the underside of a roof in a house that has a low to moderate weathertightness risk. 

About this document

2019/001: Regarding the code-compliance of sliding and hinged doors that form part of a barrier to a pool

This determination considers the code compliance of sliding and hinged doors that form part of the barrier to a pool. The determination assesses the barrier against the performance requirements of Building Code Clause F9 – Means of restricting access to residential pools.

About this document

2018/066: Authority’s decision to issue a code compliance certificate for alterations to a relocated house

This determination considers the issue of a code compliance certificate for alterations to a relocated house.  The determination discusses the compliance of the building work with the building consent and with relevant clauses of the Building Code

2018/065: Classified use of buildings used as accommodation under the Recognised Seasonal Employer Scheme

This determination considers the classified use of buildings on two properties under Clause A1 of the Building Code when they are used by employers as accommodation for seasonal workers under the New Zealand Recognised Seasonal Employer (RSE) scheme.

About this document

2018/064: Regarding whether the fire safety design of a proposed 185m high mixed-use tower building complies with Clauses C1-C6 by means of C/VM2

This determination considers the fire safety design of a proposed tall building and whether compliance with Clauses C1-C6 has been established by means of Verification Method C/VM2.  The determination discusses the scope of the Verification Method, how compliance is established by way of the Verification Method, and the compliance of the proposed design – in particular the lack of isolated interconnection between the lobby containing the designated fire fighters lift and the stair that is the means of egress and which firefighters use to access the floor of fire origin.

About this document

2018/063: Building Code compliance of the proposed location for large toilet paper dispensers in accessible public toilets

This determination considers the code compliance of large toilet paper dispensers installed in prefabricated public toilets - the location of the dispensers differs from that shown in the relevant Acceptable Solution.  The prefabricated toilets are built under a consent issued at the point of manufacture and relocated throughout the country using a separate buidling consent for the site installation.

About this document

2018/062: Authority’s refusal to issue a code compliance certificate for a 17-year-old house with monolithic cladding

Note: to be read in conjunction with Determination 2017/008.

This determination considers a second refusal to issue a code compliance certificate for a now 17-year-old house with monolithic cladding that was the subject of a previous determination.  This determination discusses the validity of the refusal with regard to the time in which a building consent authority must make a decision, and the relationship between the requirement to give reasons for refusing to issue a code compliance certificate and the issue of a notice to fix.  The determination considers the information the authority had before it at the time it made its decision and whether the items identified by the authority are compliant with the Building Code.

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: