Apply for a determination

To apply for a determination, please follow these steps.

• Use Form D1 [PDF 107 KB, 6 pages] (this form is equivalent to Form 14 in the Building (Forms)
  Regulations 2004).
  
• Send enough supporting documents for us to make a determination. Examples are:
  – plans and specifications
  – drawings
  – design calculations
  – reports
  – photographs
  – producer statements
  – letters you have written or received.
  
• Type or clearly handwrite any written material, highlight the key points and include a list of contents.
  
• Label all your documents clearly.
  
• Tell us which sections of the Building Code your documents are about.
  
• Send us 3 copies of Form D1 and your supporting documents (we suggest you keep
  the originals).
  
• Send the following documents to the other parties (these are the people you list in
  section C of this form):
  – copies of Form D1 and your supporting documents
  – Form D2 [PDF 57 KB, 2 pages], with your details written in Part 1.
  
• Send the applicaton fee to the Department of Building and Housing.

Read the following notes as you fill in each section of Form D1

A. Notes for the applicant:

You need to make sure you are legally able to apply for a determination. Read through section B 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.
We will not go ahead with the application until each party you have listed in this section fills in Form D2 and sends it to us. This tells us they have received all the documents.

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 Department 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.

Have you done the following?

[   ] Filled in Form D1.

[   ] Included all your supporting documents.

[   ] Written your details in Part 1 of Form D2.

[   ] Sent Form D2, a copy of Form D1, plus copies of all your supporting documents, to all the other parties.

[   ] Sent three copies of your application and supporting documents, along with your application fee, to the Department of Building and Housing.

Cladding determinations

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
• specifications
• 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
  final inspection
• 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 Form D1), you should send:

• three copies of the application and supporting documents to the Department of Building and Housing
• one copy of the application, supporting documents and Form 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 Department setting out their views on the matter in dispute.