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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2019/010: Regarding the code compliance of an intertenancy wall in an apartment building with respect to sound transmission

This determination considers the level of sound attenuation to a wall between two units in an apartment building.  The level of sound attenuation is less than that required in the relevant Verification Method for Clause G6 Airborne and impact sound of the Building Code.

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2017/068: Amendment to a building consent for an apartment building with tiled decks

This determination considers the authority's refusal to grant an amendment to a building consent for remediation of tiled decks. The matter turns on whether the acoustic mat as part of the proposed tiling system will comply with Clauses G6 and B2.

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2015/007: Regarding the authority's exercise of powers in refusing to issue a modifiction of clause G6 for an apartment block

Discussed whether the household units proposed had special features of being ‘retirement suites’ as ‘specialised accommodation’ under section 7 of the Act, and whether this qualified them to seek modification of Clause G6 under section 67 of the Act. At the request of the authority, discussion was broadened to provide comment on the interpretation of G6 for horizontal impact noise; diagonal, vertical and horizontal assemblies and ‘abutting’ units.

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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: