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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1066 Determinations match your query
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2017/035: Refusal to issue a code compliance certificate for an 18-year-old house

This determination is concerned with the compliance of an 18-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

2017/034: Refusal to issue a code compliance certificate for a townhouse in a 24-year-old building with monolithic cladding

This determination concerns the compliance of a 24-year-old townhouse. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the townhouse complies with the requirements of the Building Code.

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2017/033: Refusal to issue a code compliance certificate for a 13 year old monolithic clad dwelling

This determination concerns the compliance of a 13 year old house with monolithic cladding. The determination considers the authority’s reasons for refusing to issue the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2017/031: The code compliance of a proposed shower area in a new house

This determination considered the detailing of the window and the surfaces required to comply with Clauses E3.3.2 and E3.4.5 of the Building Code, and the compliance of the window as a whole with Clause E3.3.6.

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2017/029: Refusal to issue a code compliance certificate for a 16-year-old house with plywood cladding

This determination is concerned with the compliance of repairs proposed to the external building envelope and considers whether the authority was correct to refuse to grant an amendment to the building consent. The determination also considers the authority’s refusal to issue the code compliance certificate.

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2017/028: Refusal to grant building consent for the retrofitting of blown mineral fibre insulation in an 80-year-old brick veneer clad house

This determination concerns the retro-fitting of blown mineral fibre insulation into an existing house and the authority’s decision to refuse to grant building consent.  The determination considers the grounds for the authority’s decision, and whether there are now reasonable grounds to be satisfied that the building after the alterations will comply with the Building Code to the extent required by section 112 of the Act.

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2017/021: Decision to issue a code compliance certificate for a then 9-year-old house with earth brick walls

This determination is concerned with the durability of pressed earth brick external walls in a 19-year-old building and considers whether the authority was correct to issue the code compliance certificate.

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2017/020: Decision to issue a certificate of acceptance for building work

This determination considers completed remedial work to a house. The work was consented, but work that was intended to be done as an amendment to the consent was completed by the owner before the amendment was approved by the authority. The code compliance certificate issued by the authority excluded the amended work, which was regularised through the issue of a certificate of acceptance. The owner disputed the exclusion of the amended work from the code compliance certificate.

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2017/018: Refusal to issue a code compliance certificate for a 10-year-old house with plywood, stone veneer and horizontal weatherboards

This determination concerns the compliance of a 10-year-old house with plywood, stone veneer, and horizontal weatherboard cladding. This determination considers the authority’s reasons for refusing to issue the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2017/017: Compliance of a concrete ramp to a door threshold and the refusal to issue a code compliance certificate for a house

The determination is concerned with the compliance of the concrete ramp and ground clearances to the front entry to the Building Code. The determination considers whether the authority was correct in exercising its powers of decision in refusing to issue a code compliance certificate.

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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: