Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.

Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.

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2017/029: Refusal to issue a code compliance certificate for a 16-year-old house with plywood cladding

This determination is concerned with the compliance of repairs proposed to the external building envelope and considers whether the authority was correct to refuse to grant an amendment to the building consent. The determination also considers the authority’s refusal to issue the code compliance certificate.

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2017/024: Conditions on a consent for independent construction monitoring and certification in regard to recladding of apartments

This determination considers whether there was sufficient information provided in the building consent application and available to the authority as part of its own inspections, without the independent construction monitoring and certificate for the cladding system, to allow the authority to be satisfied on reasonable grounds that the building work woudl comply with the relevant clauses of the Building Code if the building work was carried out in accordance with the plans and specifications.

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2017/021: Decision to issue a code compliance certificate for a then 9-year-old house with earth brick walls

This determination is concerned with the durability of pressed earth brick external walls in a 19-year-old building and considers whether the authority was correct to issue the code compliance certificate.

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2017/020: Decision to issue a certificate of acceptance for building work

This determination considers completed remedial work to a house. The work was consented, but work that was intended to be done as an amendment to the consent was completed by the owner before the amendment was approved by the authority. The code compliance certificate issued by the authority excluded the amended work, which was regularised through the issue of a certificate of acceptance. The owner disputed the exclusion of the amended work from the code compliance certificate.

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2017/018: Refusal to issue a code compliance certificate for a 10-year-old house with plywood, stone veneer and horizontal weatherboards

This determination concerns the compliance of a 10-year-old house with plywood, stone veneer, and horizontal weatherboard cladding. This determination considers the authority’s reasons for refusing to issue the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2017/016: Decision to issue a building consent for repairs to a multi-storey building

This determination is concerned with the compliance of discrete repairs proposed to the top levels of a multi-storey building. The determination considers whether the authority was correct to issue a building consent for that work, and whether the replacement of a related deck membrane was exempt from requiring a building consent.

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2017/013: Refusal to issue a code compliance certificate for 11-year-old additions and alterations to a house

This determination is concerned with the compliance of an 11 year old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/010: Refusal to issue code compliance certificates for a 20-year-old house with 7-year-old alterations

This determination is concerned with the compliance of a house and alterations that are, respectively, 21 and 9 years old. The determination considers the authority’s reasons for refusing the code compliance certificates, and whether the house currently complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2017/008: Compliance of cladding and timber framing to a remediated 15-year-old house

This determination is concerned with the compliance of cladding and timber framing in a 15-year-old house that had previously been subject to moisture ingress. The determination considers the authority’s reasons for refusing the code compliance certificate for alterations that involved recladding and over-cladding, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2017/007: Authority's exercise of its powers of decision to refuse to issue a building consent for a new house

This determination considers whether the authority was correct to refuse to issue a building consent on the grounds that it considered the proposed footing detail, which is an alternative solution, did not comply with Clause B1 of the Building Code. The determination compares the proposed footing detail with that set out in the Acceptable Solutions SH/AS1 and B1/AS1 in terms of its flexural and shear capacity.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: