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

133 Determinations match your query
Show detailed results

2024/010: The decision to issue a notice to fix for sitework required to avoid the likelihood of damage to other property.

This determination considers the authority's decision to issue a notice to fix for siteworks carried out on 16A, 16B and 16C Gilfillan Street. The notice was issued for non-compliance with Building Code Clause B1.3.6. in relation to the requirement to avoid likelihood of damage to other property, being 14 and 14A Gilfillan Street.

About this document

2024/009: Regarding the issue of a code compliance certificate for a detached dwelling and outbuilding

This determination was sought by the building consent authority to reverse a code
compliance certificate that was issued in error. The code compliance certificate
includes building work that had not been constructed.

About this document

2024/004: Regarding the refusal to carry out a final inspection and issue a code compliance certificate for a 22-year-old house

This determination considers an authority's decision to refuse to issue a Code Compliance Certificate for a building consent granted in 2000 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E2 External moisture that applied in 2000.

About this document

2023/043: An authority’s decision to grant a minor variation to a building consent for a change to external wall cladding

This determination considers an authority's decision to grant a minor variation to a building consent regarding the substitution of external wall cladding products. The determination considers the criteria for granting a minor variation, whether the building consent is required to reflect the change in the external wall cladding, and if a new or amended certificate of design work is required

About this document

2023/036: The issuing of a certificate of acceptance for building work in the roof space of a house

This determination considers an authority’s decision to issue a certificate of acceptance for building work in the roof space of a house. The determination considers whether building consent was required for the building work, as well as how the provisions relating to certificates of acceptance apply.

About this document

2023/033: Regarding the compliance of, and decisions made by an authority in relation to, encroaching building work

This determination considers compliance of building work that encroached across the boundary between two properties with Building Code Clauses B1 Structure, B2 Durability and C3 Fire affecting areas beyond the fire source. The determination also considers the authority’s decisions to grant the original building consent, an amendment to that consent, and subsequent issue of the code compliance certificate, and the authority’s alleged failure to issue a notice to fix.

About this document

2023/023: Regarding the failure to issue a notice to fix for a concrete slab foundation.

This determination considers the authority's decision to not issue a notice to fix for a concrete slab foundation after complaints were made by the owner.

This determination is subject to appeal.

About this document

2023/018: An authority’s refusal to issue a code compliance certificate for a 27-year-old house

This determination considers an authority’s refusal to issue a code compliance certificate for a 27-year-old house, because of the authority’s concerns about cracks in the cladding and a lack of inspections at the time of construction. The determination considers the requirement to specify reasons for refusal, and the authority’s reasons for refusal in this case.

About this document

2023/011: Regarding the refusal to grant a building consent for alterations to an existing building

This determination considers an authority’s exercise of power of decision to refuse to grant a building consent for proposed alterations of an existing building. The determination considers the reasons given by the authority for the refusal, including the requirement for a peer review of the earthquake strengthening element of the building work.

About this document

2023/010: Regarding the authority’s decision to refuse to grant an application for a building consent for building work to enclose an existing carport

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers
the authority’s reasons for refusal and whether sufficient information was included in
the building consent application for the authority to be satisfied that the provisions of
the Building Code would be met if the building work were properly completed in
accordance with the plans and specifications that accompanied the application.

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: