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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2017/006: Refusal to issue a building consent for the change of use from commercial to residential of one level in a multi-level building

Note: This determination is subject to clarification.


This determination discusses the assessment required under section 115 when there is a change of use to only part of a building, particularly in respect of Building Code clause B1 Structure and whether a detailed seismic assessment is required for the whole building.

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2017/005: Regarding the code compliance of remediation work to a 15-year-old house

This determination considers the authority’s reasons for refusing to issue a code compliance certificate for remedial work to an existing house; and whether the work concerned complied with Clause B1, B2, and E2 of the Building Code. The building consent had been issued with requirements for quality assurance in relation to construction monitoring which was also the subject of the dispute between the parties.

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2017/003: Refusal to issue a code compliance certificate for a 12- to 15-year-old house with monolithic cladding

This determination is concerned with the compliance of a 12 to 15-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2016/062: Regarding additional information required by the authority before issuing a code compliance certificate for a house and garage

This determination considers the information required to establish on reasonable grounds that specific elements of building work complies with the relevant clauses of the Building Code.  At issue was the compatibility of plumbing fittings and pipes from different manufacturers, and whether evidence of construction monitoring was required.

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2016/061: Regarding aluminium window and door joinery installed to a house

This determination considers the compliance of an alternative solution using imported window and door joinery and the associated fixing and installation. The determination discusses the available technical information and the use of proposed testing to support the building consent amendment application.

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2016/059: Regarding the compliance of uPVC window and door joinery installed to a house

This determination considers the compliance of a substituted uPVC joinery product that is the subject of an application to amend a building consent. The determination discusses the evidence base and consequences of failure.

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2016/056: Regarding the refusal to issue a code compliance certificate for a house due to changes in its structural system

This determination concerns the refusal to issue a code compliance certificate on the grounds that the authority could not be satisfied that the building work complied with Clause B1 Structure.  The as-built work differed from that described in the building consent, which been supported by the specifications and design documentation for a proprietary construction system that was not used in the construction of the building.

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2016/055: Regarding the refusal to issue a code compliance certificate for a 14-year-old house with EIFS cladding

This determination concerns the compliance of a 14-year-old house with EIF 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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2016/054: Regarding the decision to issue a code compliance certificate in respect of earthquake repairs to a house

This determination considers a request by the authority to reverse its decision to issue a code compliance certificate; the authority became aware that the building work was not compliant with the building consent or with the Building Code. The determination discusses the scope of the authority's powers in respect of withdrawing code compliance certificates, and concludes that this can only be done through a determination.

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2016/053: Regarding the exemption from the requirement for a building consent for foundation relevelling using expanding resin to a house

This determination considers whether the authority was correct in requiring an application for building consent or whether the proposed building work, to relevel the house foundations by injecting expanding resin, was exempt under Schedule 1.  The determination discusses the whether the expanding resin is a ‘comparable component’ in terms of the foundation system, and whether the proposed building work is a ‘substantial replacement’.

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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: