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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2016/027: The refusal to issue a code compliance certificate for 14-year-old alterations to plaster-brick house

This determination is concerned with the compliance of 14-year-old additions to a plastered brick veneer house. This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the alterations comply with the requirements of the Building Code.

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2016/026: Determination regarding the compliance of a vapour barrier to a proposed pool house

This determination is concerned with the design of a proposed pool building that is an outbuilding to a dwelling. The determination considers what Building Code clauses apply to pool building, and whether the information provided with the application for building consent demonstrates that the proposed work will comply with the requirements of the Building Code.

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2016/025: Regarding the durability of New Zealand grown European Oak timber for use in a new dwelling

This determination discusses the compliance with Clause B2.3.1 of European oak grown in New Zealand and used as structural framing members.

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2016/024: Regarding the refusal to issue a code compliance certificate for a 21-year-old house with corrugated steel wall cladding

This determination considers the authority’s decision to refuse to issue a code compliance certificate based onits concerns regarding the weathertightness and durability of the exterior envelope. The determination reviewed the reasons given for the refusal and the authority's actions in regards to its inspection, and considered whether the building work complies with the Building Code.

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2016/023: Authority's exercise of its powers in respect of a building consent application and compliance of proposed bracing system for a building

This determination considers a proposed bracing system designed by the applicant and whether the authority had sufficient information in order to establish on reasonable grounds that the building work would comply with the requirements of the Building Code.

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2016/022: Authority's proposed exercise of its powers to refuse to grant a certificate under section 224(f) of the RMA for a unit title development

This determination considers the requirements under section 116A with respect to fire rating of an inter-tenancy wall. The determination discusses the relationship between the Building Act, the Resource Management Act and the Unit Titles Act in respect of unit title developments and subdivision.

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2016/021: Regarding the compliance of proposed access for people with disabilities to one of three swimming pools in a proposed aquatic centre

This determinatin considers what constitutes reasonable and adequate access for people with disabilities to one of three different pools in a proposed aquatic centre. The determination considers the intended use of the pool, and discusses the functionality of the proposed platform lift in comparison to other means of providing access for people with disabilities.

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2016/020: The refusal to issue a code compliance certificate for an 8-year-old house

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

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2016/019: Regarding the code compliance of a shed on wheels at a neighbouring property, and whether the shed is a vehicle or building

This determination discusses the definitions of building and vehicle under section 8, and whether a shed on wheels that is registered as a vehicle under the Land Transport Act is a building for the purposes of the Building Act. The determination also considers whether the building work was exempt under Schedule 1, the compliance of the shed with Clauses C and E1 in relation to other property.

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2016/018: Regarding the issue of a notice to fix for a two-cell earthship building

This determination considers whether a two-celled rammed earth building constructed without consent was exempt under Schedule 1 and whether the authority was correct to issue a notice to fix. The determination discusses the remedies provided for in the notice, and discusses issues relating to an application for a certificate of acceptance.

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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: