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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2016/051: Regarding the refusal to issue a code compliance certificate for a 6-year-old house

This determination is concerned with the compliance of a 6-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the information provided in a building surveyor's report was adequate to establish that the building work complies with the requirements of the Building Code.

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2016/049: Regarding the refusal to issue code compliance certificates for an 18 to 20-year-old house with monolithic cladding

This determination is concerned with the compliance of a 20-year-old house. This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2016/047: Regarding the refusal to issue code compliance certificates for an 18-year-old house with a 14-year-old extension

This determination is concerned with the compliance of the 18-year-old house and 14-year-old extension. 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.

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2016/046: The refusal to grant an amendment to a building consent for the use of imported composite slate roofing tiles on a house

This determination concerns the substitution of a concrete tiled roof to a house with composite slate tiles where the substitution was the subject of an amendment to the consent. The determination considers the amendment and whether the authority was correct to refuse it. The determination also considers the compliance of the slate tiles as installed.

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2016/043: Regarding the compliance of weatherboards as installed to a house

This determination arises from a dispute regarding the installation of cedar weatherboards in a manner that is not in accordance with the building consent or with the manufacturer’s instructions. The determination considers whether the weatherboards as installed comply with Clauses E2 and B2 of the Building Code.

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2016/038: Regarding the code compliance of weatherboards to a partly constructed house

This determination considers the compliance of Western Red Cedar weatherboards as installed with respect to weathertightness and durability.  The key issues involved are the departure from the manufacturer’s specifications in regards to the use of galvanised steel holding brads and the placement of the fixings.

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2016/035: Regarding the refusal to issue a code compliance certificate for a 19-year-old house with brick veneer and weatherboard claddings

This determination is concerned with the compliance of a 19-year-old brick veneer house.  This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code.

2016/027: The refusal to issue a code compliance certificate for 14-year-old alterations to plaster-brick house

This determination is concerned with the compliance of 14-year-old additions to a plastered brick veneer house. This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the alterations comply with the requirements of the Building Code.

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2016/024: Regarding the refusal to issue a code compliance certificate for a 21-year-old house with corrugated steel wall cladding

This determination considers the authority’s decision to refuse to issue a code compliance certificate based onits concerns regarding the weathertightness and durability of the exterior envelope. The determination reviewed the reasons given for the refusal and the authority's actions in regards to its inspection, and considered whether the building work complies with the Building Code.

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2016/020: The refusal to issue a code compliance certificate for an 8-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate for a house; the authority’s concerns were chiefly to do with the weathertightness and durability of the exterior envelope. The determination discusses the authority’s reasons for the refusal, and whether there was sufficient evidence of compliance in order 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: