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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Discussed the definition of ‘immediate pool area’ and the ‘immediate pool surround’ and the potential for unacceptable lapses of pool security due to doors, gates and pedestrian access.
Discussed whether masonry walls complied with Clause B1 of the Building Code that was in force at the time the consent was granted. Related to building work that was carried out without inspections, and whether there was sufficient evidence to establish compliance.
Discussed whether a modification of C3.4 is reasonable and the possible consequence of non-compliance with that clause. Also discussed the granting of waivers and modifications under section 67 of the Act.
Discussed the detailing of the window and the surfaces that were required to comply with Clauses E3.3.4 and E3.4.5 of the Building Code, and the compliance of the window as a whole with clause E3.3.6.
Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed maintenance to external envelope to ensure it protects the underlying structure for the minimum required life of 50 years, and the modification of durability periods.
Discussed whether the household units proposed had special features of being ‘retirement suites’ as ‘specialised accommodation’ under section 7 of the Act, and whether this qualified them to seek modification of Clause G6 under section 67 of the Act. At the request of the authority, discussion was broadened to provide comment on the interpretation of G6 for horizontal impact noise; diagonal, vertical and horizontal assemblies and ‘abutting’ units.
Where a building certifier registered under the former Act ceased operating before the code compliance certificate was issued. Discussed whether there is sufficient evidence to establish the building work complies with the Building Code that applied at the time the building consent was granted, and what is the appropriate regulatory action by the authority and what certificate is to be issued.
Discussed the protection of “other property” in relation to Clause B1.3.6, and whether exempt building work is required to comply with the Building Code. Also discussed the compliance of the retaining wall with Clause B1.3.1, and the appropriate regulatory action in relation to the issue of a code compliance certificate for work found to be not compliant.
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:
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