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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2024/011: The compliance of a solid fuel heater and flue system with Building Code clause G4.3.4 as it relates to the protection of other property

This determination considers the decision to issue a code compliance certificate for the installation of a domestic solid fuel heater and flue system. The determination considers whether the system’s flue was installed in a way that avoids creating a nuisance to other property in accordance with clause G4.3.4.

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2023/041: Regarding the compliance of a kitchen ventilation system with G4.3.4 as it relates to the protection of other property

This determination considers whether the installation of a domestic kitchen ventilation system complied with Building Code Clause G4 Ventilation at the time it was installed. The determination considers whether the system’s vent is installed in a way that avoids creating a nuisance to other property in accordance with clause G4.3.4.

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2020/016: Regarding the authority's issuing of a code compliance certificate in respect of the mechanical ventilation system to a restaurant kitchen

This determination considers the authority's decision to issue a code compliance certificate in respect of a mechanical ventilation system for the fitout of a restaurant; the extract from the restaurant's kitchen exits the building via existing exhaust ductwork, and other building occupants consider the kitchen’s exhaust discharge to be a nuisance.

The determination considers the compliance of the kitchen ventilation system as designed and as built, and the compliance of the existing exhaust ductwork and discharge point.

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2018/014: Refusal of a code compliance certificate for alterations to a house

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

2017/076: Refusal of code-compliance for house with monolithic cladding

This determination is concerned with the compliance of an 18-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2017/072: Compliance of the ventilation system and the installation of kitchen appliances to a café kitchen

This determination is about matters associated with the fitout of a café kitchen located on the ground floor of a three-storey building.  The determination considers the installation and compliance of solid fuel cooking appliances installed in the café kitchen as part of the consented work, and the compliance of the ventilation system to the kitchen.

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2017/038: Refusal to issue a code compliance certificate for a 10-year-old commercial building

The determination arises from the authority’s refusal to issue a code compliance certificate for a 10-year-old commercial building due to concerns about the compliance of the roof with respect to Clause E2 External moisure, and Level 3 with respect to Clause G4 Ventilation. The determination considers the compliance of the building and the authority’s reasons for declining the code compliance certificate.

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2016/033: Regarding the code compliance of a solid fuel fire appliance installed in a three-year-old house

This determination considers the compliance of a fire appliance installed in a single storey dwelling and whether the emissions are disposed of in a way which avoids creating a nuisance or hazard to an adjacent neighbour in a two storey dwelling.

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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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2016/013: Regarding the refusal to issue a code compliance certificate for an 11-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 weathertightness and durability of the exterior envelope, the adequacey of barriers to a deck and stairs, surface water disposal, and a change of use. 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: