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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2024/002: 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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2023/038: The authority's decision to issue a notice to fix for weathertightness remedial work to a 17-year-old building

This determination considers the authority's decision to issue a notice to fix. The matter concerns alleged contraventions with Building Code clause E2 External moisture, building work carried out other than in accordance with a building consent, and the timeframe and remedies in the notice.

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2023/033: Regarding the compliance of, and decisions made by an authority in relation to, encroaching building work

This determination considers compliance of building work that encroached across the boundary between two properties with Building Code Clauses B1 Structure, B2 Durability and C3 Fire affecting areas beyond the fire source. The determination also considers the authority’s decisions to grant the original building consent, an amendment to that consent, and subsequent issue of the code compliance certificate, and the authority’s alleged failure to issue a notice to fix.

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2023/031: Decision by an authority to grant a building consent and issue a code compliance certificate for a relocatable dwelling

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling. The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code. The main issues relate to the weathertightness and stability of the dwelling.

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2023/021: The refusal to issue a code compliance certificate for a 21-year-old dwelling.

This determination considers the authority's decision to refuse to issue a code compliance certificate for a building consent for a dwelling with monolithic cladding. The authority raised concerns including in regards to Building Code clauses E2 External Moisture and B2 Durability.

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2023/019: Regarding the proposed refusals to issue two code compliance certificates for building work to construct and alter a dwelling.

The determination considers the authority’s proposed decisions to refuse to issue code compliance certificates for two separate building consents for the construction, and subsequent alterations, to a detached dwelling. The determination considers the authority’s reasons for the refusals and whether sufficient information has been provided to the authority for it to be satisfied the building work complies with the Building Code that applied at the time the building consents were granted.

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2023/018: An authority’s refusal to issue a code compliance certificate for a 27-year-old house

This determination considers an authority’s refusal to issue a code compliance certificate for a 27-year-old house, because of the authority’s concerns about cracks in the cladding and a lack of inspections at the time of construction. The determination considers the requirement to specify reasons for refusal, and the authority’s reasons for refusal in this case.

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2023/015: Decision to issue a code compliance certificate for the construction of the foundation and floor slab of a vehicle storage shed

This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies with the building consent and Building Code, taking into account all the information now available.

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2023/012: Regarding the decision to issue a code compliance certificate for alterations to an existing residential dwelling

This determination considers the decision by an authority to issue a code compliance certificate for building work undertaken to alter an existing detached residential dwelling. The determination will consider the compliance of specific elements of the building work against the requirements of a building consent and the Building Code, taking into account all the information now available.

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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: