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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2015/072: Regarding the compliance with the Building Code of repairs to the foundations of an earthquake damaged house

This determination considers the compliance of the building work carried out with Clauses B1 and B2, and discusses whether there is an obligation to comply with Clause E1.3.2 of the Building Code when repairs are carried out to foundations. The determination also discusses whether the building work carried out was exempt under Schedule 1.

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2015/071: Regarding the refusal to issue a code compliance certificate for an 11 year-old extension and alterations to an existing house

This determination considers the compliance of the building work carried out with Clauses B1 and B2, and discusses whether there is an obligation to comply with Clause E1.3.2 of the Building Code when repairs are carried out to foundations. The determination also discusses whether the building work carried out was exempt under Schedule 1.

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2015/070:Regarding the refusal to issue a building consent for the change of use from commercial to residential of one level in a multi-level building

This determination discusses the assessment required under section 115 when there is a change of use to only part of a building, particularly how the phrase “the building, in its new use” in section 115 applies and in respect of Building Code clause B1 Structure. The discussion also considers information provided by way of an Initial Seismic Assessment (ISA) in relation to that assessment, and the separate functions performed by authorities under section 112 and section 115.

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2015/069: Regarding the compliance of new and replacement timber windows to a 132 year-old house

This determination considers the compliance of retrofitted metal sill flashings installed to timber windows and doors in a house. The house is over 130 years old and is being altered and refurbished.

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2015/068: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with monolithic cladding

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age.

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2015/067: A notice to fix for three prefabricated units connected together and whether the units joined together are a building or a vehicle

This determination discusses the approach to be used when establishing whether a portable unit is a building for the purposes of the Building Act, including factors to consider when deciding if it is immovable and occupied on a permanent or long term basis. The determination includes a decision tree that can be utilised in other cases, and applies the framework in this case where three portable units were connected together.

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2015/066: Regarding the authority's refusal to issue a building consent for an extension to an anluminium factory building in respect of Clause C3.8

This determination discusses the application of sections 17 and 112 in respect of an alteration to an existing building that has the effect of creating a larger firecell, and the Building Code obligations that are triggered by the increase in size. Also discussed is the fire service intervention time.

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2015/065: Regarding the issue of a dangerous and insanitary building notice for a building

This determination considers whether the building is dangerous with regard to the building’s structure and the slope behind the building. The determination also discusses the application of sections 124 and 125, the subsection the notice was issued under, to whom the notice was served, and the content and wording of the notice.

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2015/064: Authority's exercise of powers of decision in refusing to grant consent for an addition to an existing building

This determination discusses considerations in granting building consent for an addition to an existing building where a change of use has occurred without approval and where building work had been carried out without consent when consent was required.

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2015/063: Regarding the refusal to issue code compliance certificates for 2 adjoining houses with monolithic cladding

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age.

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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: