MBIE Determinations

Applied Rules

Latest documents

• Determination 2025/057 of the Ministry of Business, Innovation & Employment, 21-11-2025

  This determination considers whether part of a proposed pool barrier on a property boundary complies with Building Code Clause F9 – Means of restricting access to residential pools. The barrier consists of a 1.2m high timber fence on top of an existing retaining wall.

• Determination 2025/056 of the Ministry of Business, Innovation & Employment, 19-11-2025

  This determination considers an authority’s decision to issue three successive notices to fix relating to whether a house has undergone a change of use in contravention of sections 114 and 115 of the Building Act. This determination also considers whether the owner has carried out building work on a garage without first obtaining a building consent in contravention of section 40.

• Determination 2025/055 of the Ministry of Business, Innovation & Employment, 14-11-2025

  This determination considers the compliance of a section of a retaining wall withBuilding Code clause F4 Safety from falling, in relation to a sudden change of level andwhether the barrier is of appropriate height and restricts the passage of children undersix years of age.

• Determination 2025/054 of the Ministry of Business, Innovation & Employment, 31-10-2025

  This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40, for building work to replace external cladding without building consent. The determination discusses whether the building work to replace the cladding is exempt from building consent under clause 1 of Schedule 1 of the Act, in particular, whether the cladding is ‘comparable’.

• Determination 2025/053 of the Ministry of Business, Innovation & Employment, 31-10-2025

  This determination considers the authority’s decision to grant a building consent under section 72 of the Building Act, which meant that a natural hazard notice was entered on the property’s record of title. The determination considers whether the building work, was ‘major alterations’ for the purpose of the natural hazard provisions of the Act.

• Determination 2025/052 of the Ministry of Business, Innovation & Employment, 24-10-2025

  This determination considers an authority’s decision to refuse to issue a code compliance certificate for building work carried out to relocate a dwelling. The determination considers the reason for the authority’s decision, which related to inspections that were not carried out.

• Determination 2025/051 of the Ministry of Business, Innovation & Employment, 13-10-2025

  This determination considers whether a retaining wall on two properties complies with the provisions of Building Code Clause B1 Structure following strengthening work and additions, and whether an associated surface water management system complies with Clause E1 Surface water for the protection of other property.

• Determination 2025/050 of the Ministry of Business, Innovation & Employment, 26-09-2025

  This determination considers an authority’s decision to issue insanitary building notices in respect of 21 small buildings. The determination discusses whether the buildings were insanitary under section 123 of the Building Act at the time the notices were issued, and the content of the notices in terms of sections 124 and 125.

• Determination 2025/049 of the Ministry of Business, Innovation & Employment, 25-09-2025

  This determination considers compliance with E2 External Moisture and B2 Durability of three external cladding details that terminate above paved ground and channel drains. The determination discusses the system's components and features and the management of external moisture.

• Determination 2025/048 of the Ministry of Business, Innovation & Employment, 24-09-2025

  This determination considers an authority’s decision to issue a notice to fix for a change of use of the building. The authority considered that the use had changed from IA (Industrial Low) to SH (Sleeping Single Home). The determination considers whether there were grounds for the issue of the notice, the particulars and remedies contained in the notice, and whether the owner is a ‘specified person’.

Featured documents

• Determination 2017/028 of the Ministry of Business, Innovation & Employment, 26-04-2017

  This determination concerns the retro-fitting of blown mineral fibre insulation into an existing house and the authority’s decision to refuse to grant building consent. The determination considers the grounds for the authority’s decision, and whether there are now reasonable grounds to be...

• Determination 2022/014 of the Ministry of Business, Innovation & Employment, 07-07-2022

  This determination considers whether the authority was correct to refuse to issue a notice to fix for site works that occurred over a period of years. The determination also considers the compliance of the work and status of the developer as a specified person....

• Determination 2018/064 of the Ministry of Business, Innovation & Employment, 18-12-2018

  This determination considers the fire safety design of a proposed tall building and whether compliance with Clauses C1-C6 has been established by means of Verification Method C/VM2. The determination discusses the scope of the Verification Method, how compliance is established by way of the...

• Determination 2017/072 of the Ministry of Business, Innovation & Employment, 12-09-2017

  This determination is about matters associated with the fitout of a café kitchen located on the ground floor of a three-storey building. The determination considers the installation and compliance of solid fuel cooking appliances installed in the café kitchen as part of the consented work, and the ...

• Determination 2018/065 of the Ministry of Business, Innovation & Employment, 19-12-2018

  This determination considers the classified use of buildings on two properties under Clause A1 of the Building Code when they are used by employers as accommodation for seasonal workers under the New Zealand Recognised Seasonal Employer (RSE) scheme....

• Determination 2011/069 of the Ministry of Business, Innovation & Employment, 11-07-2011

  Note: The determination was subject to appeal but this was dismissed by the Court. See: The Wanaka Gym v Department of Building and Housing [PDF 93 KB] (District Court, Queenstown, 6 September 2012, CIV-2011-059-000225)...

• Determination 2022/001 of the Ministry of Business, Innovation & Employment, 01-03-2022

  Note: This determination was subject to appeal to the District Court, where one conclusion was confirmed and one conclusion was overturned. Appeal judgment [PDF 6.4MB].This determination considers whether a structure that has some features of a vehicle is a "building" under section 8 of the...

• Determination 2024/001 of the Ministry of Business, Innovation & Employment, 12-01-2024

  This determination considers an authority's decision in issuing a dangerous and affected building notice for a dwelling. The determination considers the status of the building at the time the notice was issued and takes into account all the information that is now available....

• Determination 2022/017 of the Ministry of Business, Innovation & Employment, 30-09-2022

  Note: This determination was subject to appeal to the District Court and was confirmed. Appeal judgment [PDF 269KB] This determination considers whether the authority was correct to refuse to issue a code compliance certificate for remedial recladding work. The determination considers whether the...

• Determination 2023/015 of the Ministry of Business, Innovation & Employment, 09-06-2023

  This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies...