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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2017/079: Decision to issue notice to fix for building work

This determination concerns a return wall to a retaining wall built under a building consent; the return wall encroaches over the owners’ boundary into a neighbouring property.  The authority issued a notice to fix in respect of the return wall, as it is of the view it was a built without first obtaining an amendment to the consent.  The determination considers whether the notice to fix was correctly issued, and whether the return wall was a major or minor amendment to the building consent.

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2017/078: Compliance of physical barrier to residential swimming pool

The determination considers whether the barrier to a swimming pool and spa pool complies with the Building Code to the extent required under section 162C of the Act.  The barrier was considered to be compliant with the Fencing of Swimming Pools Act at the time of construction and a code compliance certificate had been issued, but it later failed an inspection carried out under the new special provisions for residential pools.

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2017/077: Whether retaining walls require barriers to comply with Clause F4

This determination considers whether the retaining walls without barriers would comply with Clause F4 Safety from falling. The determination also discusses whether the building work to erect the barriers was exempt from the need for a building consent under Schedule 1.

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2017/076: Refusal of code-compliance for house with monolithic cladding

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

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2017/075: Code-compliance of decks to a house

This determination considers the compliance of a deck to wall junction with minimal or no gap. The determination discusses the weathertightness risk and whether the cladding is likely to be subject to solar-driven moisture from the deck, and the variation from the building consent.

 

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2017/074: Requirement for fire resistance of a timber deck

This determination considers whether the structure without fire resistance complies with Clause C3 of the Building Code.  The determination discusses whether the structure as constructed satisfies C/AS1 and whether it complies as an alternative solution.

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2017/073: Compliance schedule requirements and the classified use of three proposed commercial poultry sheds

The determination considers whether the correct classified use for the proposed poultry sheds is "industrial" or "outbuilding", and whether the operational systems are specified systems and whether a compliance schedule is required.  It also considers whether the requirements for access and facilities for people with disabilities apply to the poultry sheds.

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2017/072: Compliance of the ventilation system and the installation of kitchen appliances to a café kitchen

This determination is about matters associated with the fitout of a café kitchen located on the ground floor of a three-storey building.  The determination considers the installation and compliance of solid fuel cooking appliances installed in the café kitchen as part of the consented work, and the compliance of the ventilation system to the kitchen.

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2017/071: Code compliance of a proposed house with steel framing and polyisocyanurate insulation board

This determination considers the code compliance of a proposed steel-framed house that uses rigid foam insulation board to insulate the walls and roof: the house was the subject of an application for building consent.  The determination considers whether the insulation board satisfies certain clauses of the Building Code, and also whether the documents submitted in support of the application for building consent were adequate.

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2017/070: Refusal to issue a code compliance certificate for a 20-year-old house with mixed claddings

This determination is concerned with the compliance of a 20-year-old house. 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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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: