Apply for a determination
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Steps to apply for a determination:
1. Download and complete all of D1* and part 1 only of the D2 of the determination application form [PDF 128 KB, 8 pages]
2. Send a copy of the application form and supporting documents to the other parties involved (which you have listed in D1).
3. Send 3 copies of the application form and supporting documentation, along with the fee to the Ministry of Business, Innovation and Employment.
- For single houses, attached houses, flats and apartments up to four units, and garages and sheds, the fee is $287.50 (including GST).
- For all other buildings the fee is $575.00 (including GST).
4. Send enough supporting documents for us to make a determination. Examples are:
- plans and specifications
- design calculations
- producer statements
- letters you have written or received.
5. Type or clearly handwrite any written material, highlight the key points and include a list of contents.
6. Label all your documents clearly.
7. Advise us which sections of the Building Code your dispute is about.
Read the following notes as you fill in each section of the application
A. Notes for the applicant:
You need to make sure you are legally able to apply for a determination. Read through section C of form D1 first to make sure you are a party defined in section 176 of the Building Act.
B. Notes for appointment of agent:
You can choose to have someone represent you in the determinations process. That person becomes your agent and we will send all correspondence and copies of documents to them. An agent can represent you at a hearing.
C. Notes for the applicant:
Please tick only the boxes that describe you. You may have to tick more than one box.
For example, you may be the owner of the building and the licensed building practitioner.
D. Notes for other parties:
You may need to choose more than one of these. In many cases the only other party is the council. Each party needs to be given a copy of the application so that that they are aware that the application has been made. Each party can make a submission in response to the application should they wish to do so.
E. Notes for the building/dam:
Fill in only the relevant parts.
F. Notes for matter for determination:
This section lists what you can apply for a determination about. Choose what applies to you. You will probably need to tick only one box, but you can tick more.
G. Notes for related applications:
You probably won’t have to fill in this section. You only have to tell us if we have already received an application for a determination about the same problem or work. For example, if you are having a problem with a neighbour’s building, you will need to tell us if you know that another neighbour has already applied for a determination.
H. Notes for hearing:
Please indicate whether you wish to have a hearing. A hearing is a meeting convened by the Ministry to which all the parties are invited. It will give you the opportunity to present your case and also respond to written or verbal submissions made by the other parties. All the parties are given the opportunity to speak and make a written submission.
I. Notes for attachments:
Attachments are the documents attached to a determination application that help support your case. Attachments can include such information as correspondence about the dispute, reports, plans and specifications. Attachments should be clearly labelled and referenced in the application itself.
J. Notes for completion of application:
When we have checked your application, we may ask you to send us more supporting documents. If we decide that other people need to know about your application, we will ask you to send a copy of your application and documents to them.
You must give us enough information about your building work for us to make a speedy, informed decision.
If your determination application relates to cladding, the following information will help you go to the right people for the information you need.
The council can provide:
- building consent information
- approved plans
- building inspection records.
The owner (who is usually the applicant) can provide:
- notice to fix
- cladding manufacturer’s specifications (these may be in the building consent information)
- warranties, guarantees or producer statements issued for the cladding
- documents that show the level of timber treatment (such as invoices from timber suppliers)
- summary of important dates, from council approval to completion of the building to
- details of the builders and subcontractors used and whether they were accredited suppliers or installers of the cladding system (this may be in the building consent information).
When you make your application (on D1), you should send:
- three copies of the application and supporting documents to the Ministry of Business, Innovation and Employment
- one copy of the application, supporting documents and D2 to each of the other parties involved.
The other parties will fill in Form D2 and return it to us. All parties can send a written response to the Ministry setting out their views on the matter in dispute.