What is a Determination?
A Determination is a binding decision made by the MBIE. It provides a way of solving disputes or questions about the rules that apply to buildings, how buildings are used, building accessibility, health and safety.
Although Determinations are generally sought because a building owner disagrees with Council about decisions made in regard to their building; a Determination can be applied for by Council or by a neighbour who may be affected by building work.
Applying for a determination
Applications for determination and associated costs may be found on the MBIE website.
How long does it take to get the determination?
The MBIE is required to issue the final Determination within 60 working days of receiving the application, or longer if agreed to by the parties.
The 60 working day period does not include time delays while waiting for information or comment from other parties - the ‘clock is stopped’ during these times. If you cannot provide the information by the date given, you may request an extension. The MBIE has the power to make the Determination if the information requested is not provided in reasonable time.
Building work that may need to be completed before a determination is issued.
If you have been sent a Notice to Fix about work that is unsafe, you must comply with this notice. Otherwise, Council cannot require you to carry out building work related to the Determination unless the MBIE agrees this is necessary.
Consumer rights and remedies in relation to residential building work
Consumer rights and remedies in relation to residential building work – Section 362A – 362V (Contracts)
The Building Act 2004 contains certain consumer protection provisions relating to contractual obligations required of the building contractor. These provisions include implied warranties, remedies for breach, defects, and offences. Please refer to section 362A – 362V of the Act link below:
Complaints
A customer has a right to appeal or to complain about any building control function the Building Consent Authority (BCA) undertakes, and to have this heard.
Complaints provide feedback about your service experience and give us the opportunity to improve our performance.
A complaint in relation to building control is defined as a complaint about:
- meeting statutory timeframes
- lodgement or vetting of Building Consent applications
- processing of Building Consent applications
- inspection of work under construction
- issuing of a Notice to Fix
- issuing of Code Compliance Certificates
- issuing Compliance Schedules
- failure to provide appropriate information or advice
- Fees and Charges; and
- failure to meet legislative or Building Code requirements.
How do I make a complaint?
Making a complaint
You can make a complaint verbally or in person; however, it must be accompanied formally in writing. Complaints not made in writing or made anonymously will not be considered.
Complaints or Appeals should be addressed to:
Quality Assurance Manager
Kaipara District Council
Unit 6, The Hub
6 Molesworth Drive
Mangawhai 0505
What information is required?
1. Date incident occurred
2. Nature of complaint (vetting, lodgement, inspection, Notice to Fix, Code Compliance Certificate or Compliance Schedule)
3. Copies of any supporting information (if applicable)
4. Relationship (customer, regulator or stakeholder)
5. Name and contact details.
How long does it take to get a result?
All complaints will be acknowledged upon receipt and where possible responded to within three (3) working days. Sometimes depending on the nature of the complaint it may take a little longer to investigate or we may have to come back to you for further information.
Do I have a right of appeal
Yes, if you do not agree with the outcome you may request a review of the decision.
All appeals must be made in writing setting out the reasons why you disagree with the decision.
What else can I do?
If you are still unhappy or choose to use an alternative route to settle a matter of doubt or dispute you may:
- complain through the Ministry of Business, Innovation and Employment (MBIE), or
- apply to MBIE for a Determination
Visit the MBIE website for further information on this service.
