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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2024/042: Regarding the compliance of external timber wall cladding

This determination considers the compliance with Building Code Clauses B2 Durability and E2 External Moisture of vertical shiplap Siberian larch timber wall cladding installed on a residential dwelling.

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2024/040: The compliance with clause B2 Durability of macrocarpa timber cladding containing knots.

The determination will consider whether the macrocarpa timber cladding complies with Building Code clause B2 Durability with regard to knots in the timber boards.

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2024/036: The proposed refusal to issue a code compliance certificate for a house

This determination concerns the authority’s proposed refusal of a code compliance certificate. The determination considers whether the building work complies with the building consent, and whether particular elements of the building work comply with the relevant clauses of the Building Code.

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2024/026: The authority’s decision to issue a notice to fix in relation to a retaining wall

This determination considers the authority's decision to issue a notice to fix for the construction of a retaining wall. The determination considers whether there were grounds to issue the notice to fix (including whether the building work was exempt from the requirement to obtain a consent), and the form and content of the notice to fix.

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2024/023: Regarding the refusal to grant a building consent for alterations to an existing dwelling

This determination considers the authority’s refusal to grant a building consent for alterations to an existing dwelling. The authority considered that the building consent could not be granted for a range of reasons, including a lack of documentation, construction details, and conflicting information in the plans. This determination considers the reasons for refusal set out by the authority in its letter.

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2024/021: Regarding the issuing of a notice to fix for a partially completed new single storey residential building

This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.

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2024/006: The refusal to issue a certificate of acceptance for building work associated with a dwelling

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.

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2024/004: Regarding the refusal to carry out a final inspection and issue a code compliance certificate for a 22-year-old house

This determination considers an authority's decision to refuse to issue a Code Compliance Certificate for a building consent granted in 2000 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E2 External moisture that applied in 2000.

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2024/002: The issue of a notice to fix for building work on an existing building’s foundation

This determination relates to a notice to fix where the authority considered that building work had been undertaken without a building consent and not in accordance with the building code, breaching Sections 40 and 17 of the Building Act 2004. The determination considers whether the building work was exempt from the requirement to obtain building consent, and discusses the remedies provided for in the notice.

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2023/042: The compliance of a wall made of ponga logs with clauses B1 and B2 of the Building Code

This determination considers whether a wall made of ponga logs, that is located on or near a property boundary, is a 'retaining wall' and a 'building'. It also considers whether the structure complies with Building Code clauses B1 Structure and B2 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: