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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2024/020: Compliance of a CCTV system relating to awareness of the outside

The determination will consider if a proposed CCTV in the living space of two units in a new development complies with G7.3.2 for visual awareness of the outside.

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2024/019: The refusal of a Schedule 1 discretionary exemption for partial reclad of a dwelling

This determination considers an authority’s decision to refuse to grant a discretionary exemption under clause 2 of Schedule 1 for building work to partially reclad a house. It also considers the application of clause 1 of Schedule 1 which allows general repairs, maintenance and replacement to be carried out without building consent.

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2024/018: Regarding the refusal to grant a building consent for alterations to replace the external cladding of a dormer roof and window

This determination looks at the authority’s decision to refuse to grant a building consent for alterations to an existing multi-unit dwelling due to a dormer wall not being fire rated. The determination considers whether fire rating the wall is necessary to meet the requirements of section 112(1)(b) of the Building Act.

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2024/017: Regarding the issuing of an earthquake-prone building notice for a commercial building

This determination considers the decision by a territorial authority to issue an earthquake-prone building notice under section 133AL for a commercial building. 

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2024/016: The issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures

This determination considers the issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures. The determination considers whether the building work was exempt from the requirement to obtain a building consent under Schedule 1, and whether adequate particulars were set out in the notice to fix (in regards to both section 40 and section 17). It also discusses several issues relating to the notice to fix framework.

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2024/015: Regarding the compliance of a pool barrier on a property boundary and a pool cover with Building Code Clause F9.3.1

This determination considers whether a section of a residential pool barrier located on a property boundary complies with Building Code Clause F9.3.1. The determination looks at whether the barrier in combination with an automatic pool cover can comply as an alternative solution.

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2024/014: Compliance of a stormwater tank near a property boundary with Building Code clauses concerning fire affecting other areas

This determination considers whether a stormwater tank near a property boundary is required to comply with performance clauses C3.6 and C3.7 of Building Code Clause C3 Fire affecting areas beyond the fire source.  

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2024/013: An authority's purported refusal to grant a building consent for building work that may constitute a change of use

This determination considers an authority's purported decision to refuse to grant a building consent for an alteration to an existing workshop on a residential property. The determination considers whether a change of use is occurring with the proposed building work to create a sleep-out.

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2024/012: Regarding whether the installation of a woodburner complies with the Building Code

The authority refused to issue a code compliance certificate for the building work and is seeking determination as to whether the installation of a woodburner (of which the hearth is a necessary element) complies with the Building Code.

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2024/011: The compliance of a solid fuel heater and flue system with Building Code clause G4.3.4 as it relates to the protection of other property

This determination considers the decision to issue a code compliance certificate for the installation of a domestic solid fuel heater and flue system. The determination considers whether the system’s flue was installed in a way that avoids creating a nuisance to other property in accordance with clause G4.3.4.

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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: