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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2015/002: Regarding the issue of a section 124 Building Act notice (relating to geotechnical hazards) on the property

Discussed whether the authority acted appropriately in ongoing reviews and actions (use of tools and methodologies available to it) in issuing a section 124 notice in an area affected by rock fall. It discussed modification of the meaning of dangerous building, the expiry of orders and applying new section 124 notices using the modified definition.

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2015/001: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with mixed claddings

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed whether it is reasonable to grant a modification to durability provisions in Clause B2 of the Building Code.

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2014/057: Dispute about provision of an accessible reception counter to a Corrections facility

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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: