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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2016/023: Authority's exercise of its powers in respect of a building consent application and compliance of proposed bracing system for a building

This determination considers a proposed bracing system designed by the applicant and whether the authority had sufficient information in order to establish on reasonable grounds that the building work would comply with the requirements of the Building Code.

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2016/015: Regarding the refusal to issue a certificate of acceptance for remedial work to the membrane roof and parapets of a house

This determination considers the authority’s decision to refuse to issue a certificate of acceptance for remedial work to a membrane roof and parapets. The determination reviews the reasons given for the refusal and discusses the lack of inspections, the information that was before the authority at the time of its decision, and whether the building work was exempt from the requirement to obtain a building consent.

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2016/004: Regarding the weathertightness of some 19-year-old stucco plaster walls to a house

This determination considers the compliance of particular external walls of the house with respect to weathertightness and durability.  The walls are not under eaves that would provide shelter from the weather, and the joinery is not installed in accordance with the manufacturer’s instructions.

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2016/003: Dispute about the issue of building consents and code compliance certificates and the building code compliance of building work for commerci

This determination considers the authority’s decision to issue building consents and code compliance certificates for commercial buildings with pre-cast concrete panels,  and whether the building work complied with Clause B1 of the Building Code. The determination also discusses the difference between an alternative solution and industry practice.

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2016/001: Refusal to issue code compliance certificates for a 15-year-old extension to a house with weatherboard and brick veneer cladding

This determination considers the authority’s decision to refuse to issue a code compliance certificate: the grounds for the refusal were the authority’s concerns regarding the weather-tightness and durability of the exterior envelope, and the structural performance of the foundation wall.  The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/085:Regarding the authority’s exercise of its powers of decision in relation to a building consent application for an earthquake-prone building

This determination considers the authority’s decision to refuse to issue a building consent for alterations to an existing earthquake-prone building.  The alterations were for an internal fitout on the ground floor of the three-storey commercial building.  The determination considers the authority’s policy on earthquake-prone buildings in relation to the proposed work, and some matters in relation to the policy itself.  Detailed discussion on the policy will follow in a further determination. 

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2015/084: Determination regarding the code compliance of fixings to plywood cladding on a 9-year-old house

This determination considers the compliance of nailing to plywood cladding to a house located in a sea spray zone: galvanised mild steel nails had been installed instead of stainless steel nails.  The determination considers the compliance of the plywood in relation to Building Code Clauses B1 Structure and E2 External moisture, and the remedial work done to date by the owner.

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2015/083: Regarding the refusal to issue a code compliance certificate for a 16-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate: the grounds for the refusal were the authority’s concerns regarding the weather-tightness and durability of the exterior envelope, and the performance of a concrete floor slab and the subfloor space beneath with respect to structure and durability.  The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/082: Regarding the authority’s exercise of powers in issuing an earthquake-prone building notice for a multi-storey unreinforced masonry building

This determination considers whether the authority correctly issued an earthquake-prone building notice for a multi-storey unreinforced masonry building. The determination also discusses the relationship between the legal test under section 122 of the Building Act 2004, the authority’s earthquake-prone building policy and the engineering methodology used at the time the earthquake-prone building notice was issued.

Note: This determination is subject to appeal. 

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2015/081: Regarding the authority’s exercise of powers in issuing an earthquake-prone building notice for a multi-storey reinforced building

This determination considers whether the authority correctly issued an earthquake-prone building notice. The determination also discusses the relationship between the legal test under section 122 of the Building Act 2004, the authority’s earthquake-prone building policy and the engineering methodology used at the time the earthquake-prone building notice was issued.

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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: