Recent determinations – February 2026
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.
For further information about determinations, visit the Building Performance website.
Previous determinations(external link) — Building Performance
2026/003
This determination considers an authority’s decision to issue a notice to fix for contravention of sections 40 and 17 of the Building Act 2004.
The determination considers whether the unit as modified is a vehicle or a building, and whether it complies with Building Code clauses D1, E2 and G13.
2026/004
This determination considers an authority’s decision to issue two notices to fix for building work carried out at the owners’ property.
The notices allege contraventions of section 40 for building work carried out without consent, sections 114 and 115 for a change of use, and section 17 for non-compliance with the Building Code.
As part of the section 40 assessment, the determination considers whether the building work included in the notice to fix was the subject of a certificate of acceptance and whether it was exempt under Schedule 1.