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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2018/016: Notice to fix for construction of a shed without building consent

This determination considers whether the authority correctly exercised its powers in issuing a notice to fix for building work carried out without building consent having been obtained.  The matter turns on whether the building work was exempt under Schedule 1 as a repair or replacement of an outbuilding.

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2018/013: Decision to require a building consent for the installation of a frost fan

This determination considers whether a frost fan falls within the definition of "building", and whether building consent is required for its installation.  The determination also discusses exemptions under Schedule 1 of the Building Act and the authority's requirement for an electrical works certificate

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2018/001: Notice to fix and whether a relocated unit is a building

The determination considers whether a unit relocated onto a residential property is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 of the Building Act.

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2017/086: Refusal to grant exemption from the requirement to obtain a building consent for recladding a house

This determination considers whether the authority was correct to refuse to grant an exemption under Schedule 1(2) for work to reclad a house. The determination also discusses whether the cladding was likely to be exempt from the requirement for a building consent under Schedule 1(1).

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2017/073: Compliance schedule requirements and the classified use of three proposed commercial poultry sheds

The determination considers whether the correct classified use for the proposed poultry sheds is "industrial" or "outbuilding", and whether the operational systems are specified systems and whether a compliance schedule is required.  It also considers whether the requirements for access and facilities for people with disabilities apply to the poultry sheds.

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2017/069: Notice to fix concerning the installation of a solar water heating system

This determination considers a notice to fix issued for the installation of a solar water heating system without building consent being obtained. The matter turns on whether installation of the system including the solar collectors was exempt under Schedule 1.

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2017/067: Notice to fix for three shipping containers transported to site and joined together for use as a shed

This determination considers whether the authority was correct to issue a notice to fix for three modified shipping containers transported to site and joined together to form a shed. The determination considers the definition of "building" and "building work", and discusses the content of the notice to fix.

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2017/065: Notice to fix for building work carried out without building consent in relation to relocated structures

This determination considers the definitions of building under section 8 and building work under section 7, and whether the relocated structure is a building for the purposes of the Building Act. The determination also discusses the particulars of contravention/non-compliance described in the notice to fix with regard to building work carried out without building consent.

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2017/058: Notice to fix and whether a structure on wheels is a building

This determination considers the definitions of building and vehicle under section 8, and whether a structure modified to attach wheels and a drawbar is a building for the purposes of the Building Act. The determination also discusses the particulars of contravention/non-compliance described in the notice to fix.

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2017/015: Grant of a building consent across two allotments

This determination considers the definition of an 'owner' for the purposes of section 75 and whether a section 75 certificate was required on the building consent. The determination discusses whether a building consent can be granted over two allotments to a leaseholder without requiring a section 75 certificate.

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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: