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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2016/054: Regarding the decision to issue a code compliance certificate in respect of earthquake repairs to a house

This determination considers a request by the authority to reverse its decision to issue a code compliance certificate; the authority became aware that the building work was not compliant with the building consent or with the Building Code. The determination discusses the scope of the authority's powers in respect of withdrawing code compliance certificates, and concludes that this can only be done through a determination.

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2016/053: Regarding the exemption from the requirement for a building consent for foundation relevelling using expanding resin to a house

This determination considers whether the authority was correct in requiring an application for building consent or whether the proposed building work, to relevel the house foundations by injecting expanding resin, was exempt under Schedule 1.  The determination discusses the whether the expanding resin is a ‘comparable component’ in terms of the foundation system, and whether the proposed building work is a ‘substantial replacement’.

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2016/052: Regarding the compliance of a relief drain from the safety valve to a hot water cylinder in a three-year-old house

This determination considers the compliance of a PVC foul water drainage system to a house where the TPR valve from a hot water cylinder drained into the foul water system.  The hot water cylinder was connected to a solid fuel wetback and a solar water heater as uncontrolled heating sources.

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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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2016/050: Regarding whether proposed alterations to a three-level office building require a lift to satisfy requirements for persons with disabilities

This determination considers whether a lift is required to a three-level office building as part of alterations to the existing building. The determination discusses the requirements of section 118, the effect of unit titles, the performance requirements of Clause D1, and whether there is sufficient information on which to conclude that compliance to the extent required by section 112 is achieved in that it would not be reasonably practicable to install a lift.

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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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2016/048: Section 112 requirements to remediate the fire separation between units in an apartment complex, and compliance of the proposed solution

This determination concerns construction defects that were exposed during building work undertaken to remediate weathertightness issues. The determination considers the code-compliance of the use of intumescent sealant without plasterboard patches for penetrations in intertenancy walls, and discusses the application of section 112 of the Act in respect of the defects in existing construction including those not exposed as part of the proposed building work.

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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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2016/044: Regarding the code-compliance of pool barriers to a swimming pool and including a pool room

This determination discusses the Building Code obligations in Clause F4 for a proposed pool barrier that would include a pool room. The determination considers the area enclosed by the proposed barrier in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4(f).

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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: