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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2024/044: Whether a swimming pool barrier complies with Clause F9 of the Building Code

This determination considers whether a swimming pool barrier complies with Clause F9.3.3 in relation to a pole on the outside of the barrier. The determination discusses whether the pole could assist children under 5 years of age in negotiating the barrier.

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2024/043: Regarding the purported refusal of a building consent.

This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.

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2024/042: Regarding the compliance of external timber wall cladding

This determination considers the compliance with Building Code Clauses B2 Durability and E2 External Moisture of vertical shiplap Siberian larch timber wall cladding installed on a residential dwelling.

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2024/041: Regarding the authority’s refusal to grant a building consent for building work to replace the existing fire alarm system in a cool store.

This determination considers the decision by the authority to refuse to grant a building consent for work to disestablish an existing sprinkler system. The authority considered that there were outstanding issues regarding the fire load within the building, the proposed replacement warning system, and the fire rating requirements for the building. The determination discusses the outstanding issues at the time the building consent was refused, and the refusal letter issued by the authority.

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2024/040: The compliance with clause B2 Durability of macrocarpa timber cladding containing knots.

The determination will consider whether the macrocarpa timber cladding complies with Building Code clause B2 Durability with regard to knots in the timber boards.

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2024/039: An authority's decision to issue a notice to fix.

This determination considers an authority’s decision to issue a notice to fix alleging the owners had contravened several provisions of the Act. The determination discusses the details in the notice and whether the owners were fully and fairly informed of the basis for the notice being issued.

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2024/038: An authority’s decisions to issue a notice to fix and a dangerous and insanitary building notice.

This determination considers an authority’s decision to issue a notice to fix and whether there has been a change of use under the Building Act of a house and converted garage. The determination also considers the authority’s decision to issue a dangerous and insanitary building notice for the converted garage.

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2024/037: The authority’s decisions to issue two notices to fix.

This determination considers the authority’s decisions to issue two notices to fix to the owner. The notices were issued in relation to several structures at the owner’s property, as well as sanitary fixtures located in the garage and carport, and for a change of use of the garage. The determination considers whether there were grounds to issue the notices to fix, the form and content of the notices (including the remedies), and the application of section 167 of the Building Act 2004.

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2024/036: The proposed refusal to issue a code compliance certificate for a house

This determination concerns the authority’s proposed refusal of a code compliance certificate. The determination considers whether the building work complies with the building consent, and whether particular elements of the building work comply with the relevant clauses of the Building Code.

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2024/035: The purported refusal to grant a building consent for a skillion roof and whether it complies with E2.3.5 by way of E2/AS1

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

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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: