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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2018/011: 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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2017/085: Decision to issue a code compliance certificate for alterations to a house

This determination considers the authority's decision to issue a code compliance certificate for alterations to an existing house and whether the building work complied with the building consent and the Building Code at the time of that decision.

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2017/079: Decision to issue notice to fix for building work

This determination concerns a return wall to a retaining wall built under a building consent; the return wall encroaches over the owners’ boundary into a neighbouring property.  The authority issued a notice to fix in respect of the return wall, as it is of the view it was a built without first obtaining an amendment to the consent.  The determination considers whether the notice to fix was correctly issued, and whether the return wall was a major or minor amendment to the building consent.

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2017/076: Refusal of code-compliance for house with monolithic cladding

This determination is concerned with the compliance of an 18-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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2017/067: Notice to fix for three shipping containers transported to site and joined together for use as a shed

This determination considers whether the authority was correct to issue a notice to fix for three modified shipping containers transported to site and joined together to form a shed. The determination considers the definition of "building" and "building work", and discusses the content of the notice to fix.

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2017/066: Refusal to issue a code compliance certificate for a 19-year-old house with mixed claddings

This determination is concerned with the compliance of a 19-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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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: