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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2018/022: Issue of a notice to fix in respect of the concrete foundations

This determination is concerned with the compliance of a concrete slab with Clause B1 Structure. The determination considers whether the authority was correct to issue a notice to fix in relation to the concrete slab.

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2018/020: Refusal to issue a code compliance certificate for a house with rammed-earth walls

This determination considers the compliance of the second stage of a house built with rammed-earth walls used as a structural element and as a cladding.  The determination considers the compliance of the as-built work, the on-going maintenance of the rammed-earth walls, and whether the authority was correct in declining to issue a code compliance certificate for the work.

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2018/015: Notice to fix and the refusal to issue a certificate of acceptance for alterations

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).

Read appeal judgement [PDF 503KB].

This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.

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2018/014: Refusal of a code compliance certificate for alterations to a house

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

2018/012: Refusal to issue two code compliance certificates for alterations and additions to a house

This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents.  The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.

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2018/011: Refusal to issue an amended building consent for building work

This determination concerns the substitution of aluminium windows that were detailed in an approved consent with imported timber windows.  The owner had sought a consent amendment for the substitution, but this had been refused by the authority.  The amendment had also been sought after the installation of the windows.  The determination considers whether the timber windows satisfy the Building Code, and whether the authority was correct to refuse the building consent amendment. 

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2018/009: Refusal to issue a code compliance certificate in respect of remedial work to decks

This determination considers the compliance of the remedial work carried out to eight decks. 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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2018/004: Refusal to issue a code compliance certificate for an 11-year-old house with monolithic cladding

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 building work complies with the requirements of the Building Code.

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2018/003: Refusal to issue a code compliance certificate for a 13-year-old house with mixed claddings

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 building work complies with the requirements of the Building Code.

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2017/087: Refusal to issue a code compliance certificate for a 19-year-old house with EIFS wall cladding

This determination is concerned with the compliance of a 19-year-old house. The determination considers the authority’s reasons for refusing to issue a 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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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: