Determinations

Determinations are legally binding decisions made by the Ministry of Business, Innovation and Employment (MBIE). They are for matters of doubt or dispute to do with building work outlined in the Building Act and the Building Code.

A determination can be useful if you disagree with a council’s decision under the Building Act or Building Code but isn’t always the best option – there are other ways to try to solve your dispute. Determinations are not for disputes about workmanship. 

Most determinations are applied for by building owners, but can also be applied for by a:

  • licensed building practitioner concerned with the relevant building work.
  • council or building consent authority.
  • person who has been issued with a notice to fix.
  • neighbour or owner of an 'other property' where the building work of a nearby property is affecting the protection of your own. This relates to issues such as land stability, surface water run-off and potential spread of fire between properties.
  • person with a direct interest in the issue if it relates to access and facilities for people with disabilities.
  • person or organisation who or that has a right or an obligation under any other Act to give written notice to a territorial authority in respect of matters to which this Act relates.

Beginning this issue, we will highlight a couple of recent or past determinations.

For further information about determinations, visit the Building Performance website.

Determinations(external link) — Building Performance website

Determination 2024/034

This determination looks at the claimed 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 purposes 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.

Read the full determination here:

Determination 2024-034 [PDF 355KB](external link)

Determination 2024/033

This determination looks at the authority’s decision to issue a notice to fix for an existing pool on an offshore private island that does not have a physical barrier to restrict access by unsupervised young children. The determination considers whether the owner is required to comply with section 162C of the Building Act 2004 and whether a waiver is appropriate in the circumstances.

Read the full determination here:

Determination 2024-033 [PDF 355KB](external link)