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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2024/043: 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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2024/035: 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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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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2024/020: 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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2024/018: 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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2024/013: 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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2024/006: The refusal to issue a certificate of acceptance for building work associated with a dwelling

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.

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2023/042: The compliance of a wall made of ponga logs with clauses B1 and B2 of the Building Code

This determination considers whether a wall made of ponga logs, that is located on or near a property boundary, is a 'retaining wall' and a 'building'. It also considers whether the structure complies with Building Code clauses B1 Structure and B2 Durability.

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2023/038: The authority's decision to issue a notice to fix for weathertightness remedial work to a 17-year-old building

This determination considers the authority's decision to issue a notice to fix. The matter concerns alleged contraventions with Building Code clause E2 External moisture, building work carried out other than in accordance with a building consent, and the timeframe and remedies in the notice.

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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: