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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2015/082: Regarding the authority’s exercise of powers in issuing an earthquake-prone building notice for a multi-storey unreinforced masonry building

This determination considers whether the authority correctly issued an earthquake-prone building notice for a multi-storey unreinforced masonry building. The determination also discusses the relationship between the legal test under section 122 of the Building Act 2004, the authority’s earthquake-prone building policy and the engineering methodology used at the time the earthquake-prone building notice was issued.

Note: This determination is subject to appeal. 

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2015/081: Regarding the authority’s exercise of powers in issuing an earthquake-prone building notice for a multi-storey reinforced building

This determination considers whether the authority correctly issued an earthquake-prone building notice. The determination also discusses the relationship between the legal test under section 122 of the Building Act 2004, the authority’s earthquake-prone building policy and the engineering methodology used at the time the earthquake-prone building notice was issued.

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2015/080: Regarding the refusal to issue a code compliance certificate for a 14 year-old prefabricated outbuilding

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 performance of the exterior cladding in terms of weathertightness 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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2015/079: Regarding the code compliance of CCA treated laminated veneer lumber

This determination discusses the pathway to establishing compliance with Clause B2.3.1 for laminated veneer lumber CCA treated in accordance with AS1604.4:2012 and used as structural framing members in situations where hazard class H3.2 or less would be used.

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2015/078: Regarding the refusal to issue a code compliance certificate for a 9 year-old house with mixed claddings

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 performance of the exterior cladding in terms of weathertightness 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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2015/077: Regarding the authority's exercise of its powers of decision in requiring notice of a change of use

This determination involves two adjoining household units. The determination discusses whether the Building Code obligations relating to fire separation apply given the age of construction and whether there has been a change of use.

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2015/076: Regarding the refusal to issue a code compliance certificate for an 11 year-old extension to a house with stucco wall 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 performance of the exterior cladding in terms of weathertightness 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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2015/075: Regarding the refusal to issue a code compliance certificate for a 15 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 performance of the exterior cladding in terms of weathertightness 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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2015/074:Regarding the installation of a lift without building consent, and a request to remove the compliance schedule ...

Regarding the installation of a lift without building consent, and a request to remove the compliance schedule, for a multi-unit residential building.

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2015/073: Regarding the issue of a notice to fix for building work carried out without building consent and non-compliance with the Building Code

This determination discusses who can be issued with a notice to fix, in particular when building work was undertaken by a previous owner without building consent having been obtained. It also considers the compliance of building work and discusses circumstances where building work departs from Acceptable Solutions or New Zealand Standards.

Note: This Determination was set aside by order by the District Court as a result of an appeal under section 208 of the Building Act. The Court order was made by consent of the parties after the respondent Council conceded it failed to comply with the statutory provisions governing notices to fix.

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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: