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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2024/049: An authority’s decision to issue a notice to fix for a small detached building

This determination considers an authority’s decision to issue a notice to fix in relation to a small, detached building. The notice to fix alleges the owners have carried out building work without a building consent and that some of the building work does not comply with Building Code Clause B1 Structure. The determination considers the authority’s grounds for issuing the notice to fix, and the form and content of the notice.

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2024/046: The issuing of two notices to fix for a newly constructed indoor playground

This determination considers decisions by an authority to issue two notices to fix regarding a newly constructed indoor playground comprising four separate structures. The determination considers the form and content of the notices, and whether there were grounds to issue the notices, including whether the building work was exempt from the requirement to obtain a consent, and whether the playground complies with Building Code Clause B1 Structure.

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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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2024/036: 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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2024/034: How the provisions of the Building Act apply to the structural performance of an existing building where additional floors are being added

This determination considers the purported refusal of a building consent for alterations to a commercial building. The determination considers how the provisions of the Act apply to the assessment of the proposed additional floors for the purpose of clause B1 Structure of the Building Code. The determination explores the difference in the tests set out in section 17 and s112 of the Act.

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2024/028: Regarding the issue of a dangerous and affected building notice for a dwelling

This determination considers an authority’s decision to issue a dangerous and affected building notice for a dwelling. The determination considers whether the identified 'defects' meant the dwelling was a dangerous or affected building at the time the notice was issued. This decision takes into account all the information that is now available.

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2024/026: The authority’s decision to issue a notice to fix in relation to a retaining wall

This determination considers the authority's decision to issue a notice to fix for the construction of a retaining wall. The determination considers whether there were grounds to issue the notice to fix (including whether the building work was exempt from the requirement to obtain a consent), and the form and content of the notice to fix.

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2024/023: Regarding the refusal to grant a building consent for alterations to an existing dwelling

This determination considers the authority’s refusal to grant a building consent for alterations to an existing dwelling. The authority considered that the building consent could not be granted for a range of reasons, including a lack of documentation, construction details, and conflicting information in the plans. This determination considers the reasons for refusal set out by the authority in its letter.

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2024/021: Regarding the issuing of a notice to fix for a partially completed new single storey residential building

This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.

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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.

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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: