Determinations – June 2025
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
Determination 2025/015
In this determination, the authority has refused to issue a code compliance certificate for building work carried out pursuant to building consent. This is because it was not satisfied that the cladding system forming part of the building work complied with clauses B2 and E2 of the Building Code at the time of construction.
The authority’s formal refusal letter, when read together with an accompanying email referring to the reasons for refusal, had provided sufficient reasons for refusing to issue the code compliance certificate.
Determination 2025/019
This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.
The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.