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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2016/001: Refusal to issue code compliance certificates for a 15-year-old extension to a house with weatherboard and brick veneer cladding

This determination considers the authority’s decision to refuse to issue a code compliance certificate: the grounds for the refusal were the authority’s concerns regarding the weather-tightness and durability of the exterior envelope, and the structural performance of the foundation wall.  The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/083: Regarding the refusal to issue a code compliance certificate for a 16-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate: the grounds for the refusal were the authority’s concerns regarding the weather-tightness and durability of the exterior envelope, and the performance of a concrete floor slab and the subfloor space beneath with respect to structure and durability.  The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/080: Regarding the refusal to issue a code compliance certificate for a 14 year-old prefabricated outbuilding

This determination considers the authority’s decision to refuse to issue a code compliance certificate; the grounds for the refusal were the authority’s concerns regarding the performance of the exterior cladding in terms of weathertightness and durability. The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/078: Regarding the refusal to issue a code compliance certificate for a 9 year-old house with mixed claddings

This determination considers the authority’s decision to refuse to issue a code compliance certificate; the grounds for the refusal were the authority’s concerns regarding the performance of the exterior cladding in terms of weathertightness and durability. The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/076: Regarding the refusal to issue a code compliance certificate for an 11 year-old extension to a house with stucco wall cladding

This determination considers the authority’s decision to refuse to issue a code compliance certificate; the grounds for the refusal were the authority’s concerns regarding the performance of the exterior cladding in terms of weathertightness and durability. The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/075: Regarding the refusal to issue a code compliance certificate for a 15 year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate; the grounds for the refusal were the authority’s concerns regarding the performance of the exterior cladding in terms of weathertightness and durability. The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/069: Regarding the compliance of new and replacement timber windows to a 132 year-old house

This determination considers the compliance of retrofitted metal sill flashings installed to timber windows and doors in a house. The house is over 130 years old and is being altered and refurbished.

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2015/068: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with monolithic cladding

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age.

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2015/063: Regarding the refusal to issue code compliance certificates for 2 adjoining houses with monolithic cladding

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age.

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2015/062: The issuing of a building consent and a code compliance certificate for a 14 year-old-house

This determination discusses the construction and code compliance of a 14 year-old house. The determination also considers the authority’s powers of decision in issuing the building consent and 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: