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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2017/054: Compliance of fibre-cement cladding installed to the building

This determination is concerned with the compliance of 13-year-old alterations to a building. The determination considers the authority’s reasons for requiring more information about the building’s compliance and whether the building work complies with the Building Code with regard to weathertightness and durability.

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2017/047: Refusal to issue a code compliance certificate for a house with mixed claddings completed under supervision of a building certifier

This determination is concerned with the compliance of the building envelope to a 12-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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2017/046: Refusal to issue a code compliance certificate for a house with EIFS cladding completed under the supervision of a building certifier

This determination is concerned with the compliance of the building envelope to a 15-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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2017/044: Refusal to issue a code compliance certificate for a 14-year-old house

This determination is concerned primarily with the compliance of the building envelope to a 14-year-old house with autoclaved aerated concrete cladding. 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 that was in force at the time the building consent was issued.

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2017/039: Refusal to issue a code compliance certificate for a 15-year-old house with monolithic cladding

The determination arises from the authority’s refusal to issue a code compliance certificate for a 15-year-old house with a monothic cladding. 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 with respect to weathertightness and durability.

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2017/038: Refusal to issue a code compliance certificate for a 10-year-old commercial building

The determination arises from the authority’s refusal to issue a code compliance certificate for a 10-year-old commercial building due to concerns about the compliance of the roof with respect to Clause E2 External moisure, and Level 3 with respect to Clause G4 Ventilation. The determination considers the compliance of the building and the authority’s reasons for declining the code compliance certificate.

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2017/035: Refusal to issue a code compliance certificate for an 18-year-old house

This determination is concerned with the compliance of an 18-year-old house. 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.

2017/034: Refusal to issue a code compliance certificate for a townhouse in a 24-year-old building with monolithic cladding

This determination concerns the compliance of a 24-year-old townhouse. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the townhouse complies with the requirements of the Building Code.

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2017/033: Refusal to issue a code compliance certificate for a 13 year old monolithic clad dwelling

This determination concerns the compliance of a 13 year old house with monolithic cladding. 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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2017/029: Refusal to issue a code compliance certificate for a 16-year-old house with plywood cladding

This determination is concerned with the compliance of repairs proposed to the external building envelope and considers whether the authority was correct to refuse to grant an amendment to the building consent. The determination also considers the authority’s refusal to issue the 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: