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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2023/010: Regarding the authority’s decision to refuse to grant an application for a building consent for building work to enclose an existing carport

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers
the authority’s reasons for refusal and whether sufficient information was included in
the building consent application for the authority to be satisfied that the provisions of
the Building Code would be met if the building work were properly completed in
accordance with the plans and specifications that accompanied the application.

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2021/002: Regarding the proposed refusal of an amendment to a building consent relating to an intermediate floor in a new building

This determination considers whether a building consent authority was correct to propose to refuse an amendment to a building consent. This was due to a dispute with the owner over the maximum allowable area of an intermediate floor used for the storage of materials associated with a manufacturing, servicing and repair business. The determination considers the change in the intended use of the building during the course of the building work from a “warehouse” to a “workshop”, the means of compliance, and the area of the intermediate floor.

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2018/059: Issue of a notice to fix in respect of the compliance schedule and building warrant of fitness for a building

Note: This determination is subject to clarification

 

This determination concerns a notice to fix issued by an authority in respect of the specified systems in a building, the compliance schedule, and the building warrant of fitness. The determination considers whether the notice to fix was correctly issued, the information to be provided in a compliance schedule, and the issue of the building warrant of fitness.

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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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2017/040: Refusal to grant a building consent for proposed supermarket alterations

This determination concerns the refusal to issue a building consent for alterations to an existing supermarket building because it was believed the proposed work did not comply with the fire safety clauses of the Building Code. The determination considers the requirements of the legislation as it applies to the alteration. The fire engineer initially used a verification method to show compliance, and the determination discusses what this method requires.

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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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2016/035: Regarding the refusal to issue a code compliance certificate for a 19-year-old house with brick veneer and weatherboard claddings

This determination is concerned with the compliance of a 19-year-old brick veneer house.  This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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: