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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2015/070:Regarding the refusal to issue a building consent for the change of use from commercial to residential of one level in a multi-level building

This determination discusses the assessment required under section 115 when there is a change of use to only part of a building, particularly how the phrase “the building, in its new use” in section 115 applies and in respect of Building Code clause B1 Structure. The discussion also considers information provided by way of an Initial Seismic Assessment (ISA) in relation to that assessment, and the separate functions performed by authorities under section 112 and section 115.

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2015/068: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with monolithic cladding

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age.

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2015/065: Regarding the issue of a dangerous and insanitary building notice for a building

This determination considers whether the building is dangerous with regard to the building’s structure and the slope behind the building. The determination also discusses the application of sections 124 and 125, the subsection the notice was issued under, to whom the notice was served, and the content and wording of the notice.

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2015/063: Regarding the refusal to issue code compliance certificates for 2 adjoining houses with monolithic cladding

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age.

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2015/062: The issuing of a building consent and a code compliance certificate for a 14 year-old-house

This determination discusses the construction and code compliance of a 14 year-old house. The determination also considers the authority’s powers of decision in issuing the building consent and code compliance certificate.

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2015/061: Regarding the issue of dangerous building notices in respect of cantilevered timber-framed decks to 3 monolithic-clad apartment buildings

This determination considers the issue of a dangerous building notice in respect of timber-framed decks to three apartment buildings. Remedial work resulting from water ingress has been carrier out to two decks, and a dangerous building notice has been issued in respect of the remaining decks.

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2015/059: Regarding the building importance level of two proposed buildings at a hospital

This determination discusses the application of importance levels in the seismic loading standard AS/NZS 1170 for two new hospital buildings as a means of compliance with B1/VM1 in relation to Clause B1 of the Building Code.

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2015/055: Regarding the code compliance of building work in a new house

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work, and whether the building work as constructed complies with the Building Code.

2015/054: Rearding the refusal to issue a code compliance certificate for a 21 year-old house

This determination discusses the code compliance of a 21 year-old house set in a rural location. The determination also considers building elements that have satisfied their required durability requirements under Clause B2 and the maintenance of such items.

2015/052: Regarding the compliance of proposed building work in respect of land stability and surface water in relation to an adjacent other property

This determination discusses the Building Code obligations in Clauses B1.3.6(b) and E1.3.1 for the proposed building work in respect of the likelihood of damage to an adjacent property. The concerns raised were the effect of any additional load in relation to an underground water system, spring, or puna and an adjacent Māori reservation.

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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: