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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2016/007: Regarding the code compliance of access for people with disabilities to three swimming pools in a proposed aquatic centre

This determination considers what is reasonable and adequate access for people with disabilities to three different pools in a proposed aquatic centre.  The determination discusses the intended use of the pools and the interrelationship with the design features of the pools, as well as the use of other countries guidance documents and standards to achieve compliance as an alternative solution.

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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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2016/005: Regarding the durability of a substitute metal roofing material on a house located close to a tidal estuary

This determination considers the compliance of a substitute metal roofing material with respect to durability.  The determination includes the expert opinion of a specialist in corrosion engineering, and discusses the exposure and corrosion zones relevant to the site.

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2016/004: Regarding the weathertightness of some 19-year-old stucco plaster walls to a house

This determination considers the compliance of particular external walls of the house with respect to weathertightness and durability.  The walls are not under eaves that would provide shelter from the weather, and the joinery is not installed in accordance with the manufacturer’s instructions.

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2016/003: Dispute about the issue of building consents and code compliance certificates and the building code compliance of building work for commerci

This determination considers the authority’s decision to issue building consents and code compliance certificates for commercial buildings with pre-cast concrete panels,  and whether the building work complied with Clause B1 of the Building Code. The determination also discusses the difference between an alternative solution and industry practice.

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2016/002: Regarding the issue of a dangerous building notice in respect of a damaged shared driveway

This determination considers the authority’s decision to issue a dangerous building notice for a damaged shared driveway serving several residential properties.  The determination discusses whether the shared driveway is a building under the Building Act.

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2016/001: Refusal to issue code compliance certificates for a 15-year-old extension to a house with weatherboard and brick veneer cladding

This determination considers the authority’s decision to refuse to issue a code compliance certificate: the grounds for the refusal were the authority’s concerns regarding the weather-tightness and durability of the exterior envelope, and the structural performance of the foundation wall.  The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/085:Regarding the authority’s exercise of its powers of decision in relation to a building consent application for an earthquake-prone building

This determination considers the authority’s decision to refuse to issue a building consent for alterations to an existing earthquake-prone building.  The alterations were for an internal fitout on the ground floor of the three-storey commercial building.  The determination considers the authority’s policy on earthquake-prone buildings in relation to the proposed work, and some matters in relation to the policy itself.  Detailed discussion on the policy will follow in a further determination. 

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2015/084: Determination regarding the code compliance of fixings to plywood cladding on a 9-year-old house

This determination considers the compliance of nailing to plywood cladding to a house located in a sea spray zone: galvanised mild steel nails had been installed instead of stainless steel nails.  The determination considers the compliance of the plywood in relation to Building Code Clauses B1 Structure and E2 External moisture, and the remedial work done to date by the owner.

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2015/083: Regarding the refusal to issue a code compliance certificate for a 16-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate: the grounds for the refusal were the authority’s concerns regarding the weather-tightness and durability of the exterior envelope, and the performance of a concrete floor slab and the subfloor space beneath with respect to structure and durability.  The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with 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: