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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2016/035: 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.

2016/006 Regarding the refusal to issue a code compliance certificate for a 20-year-old house with brick and weatherboard claddings

This determination considers the authority’s decision to refuse to issue a code compliance certificate; the authority’s concerns were largely to do with the weathertightness and durability of the exterior envelope.  The determination discusses the authority’s refusal to inspect the building work and whether there was sufficient evidence of compliance in order to issue a code compliance certificate.

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2015/054: Rearding the refusal to issue a code compliance certificate for a 21 year-old house

This determination discusses the code compliance of a 21 year-old house set in a rural location. The determination also considers building elements that have satisfied their required durability requirements under Clause B2 and the maintenance of such items.

2015/040: Regarding the refusal to issue a code compliance certificate for a 19 year-old house and 11 year-old alterations with stucco wall cladding

Discussed whether the external building envelop complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code in force at the time consents were issued (under transitional provisions of the current Act section 436(3)(b)(i)).

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2015/032: Refusal to issue a building consent for remedial work to improve weathertightness issues to a house with a code compliance certificate

This determination covered technical issues about a proprietary system provider’s methodologies and technologies relating to liquid and foaming injection timber treatment systems used to slow the rate of decay. Discussed whether timber treatment process is building work, and whether targeted treatment can be exempt from building consent under Schedule 1 of the Act as maintenance. Discussed impacts on bracing capacity, air volatility, and the use of drying skirts. Also mentioned the provision of new plans as opposed to copied plans.

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2015/020: Dispute over an amendment to a building consent to use uPVC window and door joinery to a house

Discussed whether the application for amendment to consent contained accurate and adequate information to demonstrate compliance with B1 Structure, B2 Durability and E2 External Moisture of the Building Code as an alternative solution.

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2015/019: Regarding the refusal to issue a code compliance certificate for a 13 year-old house with masonry veneer

Discussed issues relating to performance of building elements, including veneer walls, deck balustrades and deck overflow, exposed cedar rafter extensions and outriggers for compliance with B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture 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: