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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2019/006: Regarding the removal of an insanitary building notice and lack of notification of a natural hazard for a relocated building

Note: This determination is subject to clarification

 

This determination considers the lifting of an insanitary building notice and whether the building in its current state is insanitary or dangerous.  The determination also considers whether two building consents should have been granted subject to notification of the natural hazard inundation, and whether a notice to rectify should have been for building work that was not compliant with the Building Code and for building work carried out without building consent.

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2019/003: Regarding the ground preparation for house foundations and whether this satisfied Clause B1 Structure

Note: This determination is subject to clarification

 

This determination considers the ground preparation to a site before a house with a proprietary foundation had been constructed. The site was in the Canterbury region and had been classified as TC2. The determination considers whether the site and its preparation meet Clause B1 Structure, and whether the authority was correct to issue the code compliance certificate in respect of this work.

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2018/066: Authority’s decision to issue a code compliance certificate for alterations to a relocated house

This determination considers the issue of a code compliance certificate for alterations to a relocated house.  The determination discusses the compliance of the building work with the building consent and with relevant clauses of the Building Code

2018/062: Authority’s refusal to issue a code compliance certificate for a 17-year-old house with monolithic cladding

Note: to be read in conjunction with Determination 2017/008.

This determination considers a second refusal to issue a code compliance certificate for a now 17-year-old house with monolithic cladding that was the subject of a previous determination.  This determination discusses the validity of the refusal with regard to the time in which a building consent authority must make a decision, and the relationship between the requirement to give reasons for refusing to issue a code compliance certificate and the issue of a notice to fix.  The determination considers the information the authority had before it at the time it made its decision and whether the items identified by the authority are compliant with the Building Code.

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2018/057: Decision to grant a building consent subject to notification under section 73 for building work on land subject to natural hazards

This determination considers an authority’s decision to grant building consent subject to a section 73 notice requiring a notice to be placed on the land title identifying the land as being subject to natural hazards - being erosion and inundation.  The subject property is adjacent to a river located in a rural setting. 

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2018/056: Refusal to grant a building consent for proposed earthquake repairs to two residential buildings

This determination considers two houses damaged in the Canterbury earthquake sequence and whether the information provided in support of the building consent for the repair of the buildings was sufficient for the authority to be able to grant the consent.  

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2018/054: Notice to fix issued in 2009 for a then 10-year-old house with monolithic cladding (to be read in conjunction with Determination 2008/118)

This determination considers the authority’s exercise of its powers of decision in relation to a notice to fix issued for a house with monolithic cladding.  The determination discusses the relevant standards at the time of construction and whether the notice to fix should have required replacement of the untreated timber framing used with treated timber.

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2018/040: Refusal to issue a building consent in respect of custom window joinery

This determination considers whether the authority correctly exercised its powers in refusing to issue a building consent for a new house with a fixed glazing system.

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2018/039: Code compliance of a walk-in shower to an ensuite in a 5-year-old house

This determination considers the compliance of a wall to floor junction in a shower with Clauses E3 Internal moisture and B2 Durability of the Building Code.

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2018/029: Refusal to issue a code compliance certificate for a 14-year-old house with mixed claddings

This determination considers the compliance of a 14-year-old building. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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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: