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A determination is a binding decision made by the Ministry of Business, Innovation and Employment.
It provides a way of solving disputers or questions about the rules that apply to buildings, how buildings are used, building accessibility, health and safety.
Most determinations are needed because the person applying for the determination disagrees with the council about decisions the council has made about works it considers non-compliant with the building code.
However, a determination can be applied for by the council itself or a neighbour who is affected by building work.
A determination can be about building work that is planned, partly done or completed.
Those involved in a determination, including the person who applies for it, are called ‘parties’ to the determination.
For example a building owner may ask for a determination because they disagree with the Council's decision that also involves a neighbour.
In this case, the parties to the determination are the ‘building owner’, the ‘council’ and the ‘neighbour’. All parties to a determination are treated equally.
MBIE can initiate a determination where it believes it is necessary to achieve the aims of the Building Act
The council will always be a party to any determination. The Department may ask other people or organisations to become involved if necessary.
A determination will normally be about an earlier decision made by one of the parties (usually the Council).
The determination may:
The Ministry of Business, Innovation and Employment charges a fixed fee for determinations and should be checked online for the current fees:
A determination generally relies on the information you provide. Clear and complete documentation will help us assess and process your determination. The information should be:
Information to support an application can include (not all of these will be available or relevant to your determination):
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