Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.

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2018/060: Refusal to grant building consent for retrofitting polyisocyanurate insulation in a house

This determination considers the code-compliance of retrofitted rigid foam insulation board to insulate the walls of an existing house.  The determination considers whether the proposed insulation board will satisfy certain clauses of the Building Code to the extent required by the Building Act.

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2018/059: Issue of a notice to fix in respect of the compliance schedule and building warrant of fitness for a building

Note: This determination is subject to clarification

 

This determination concerns a notice to fix issued by an authority in respect of the specified systems in a building, the compliance schedule, and the building warrant of fitness. The determination considers whether the notice to fix was correctly issued, the information to be provided in a compliance schedule, and the issue of the building warrant of fitness.

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2018/058: Refusal to issue a building consent for a modular house and the use of modules designed locally but prefabricated offshore

This determination considers the authority’s refusal to grant building consent for a house designed with modular units that are manufactured off-shore.  The design of the modular units was not supported by a MultiProof certificate at the time the application for building consent was made, but the authority maintained its refusal after a MultiProof certificate was issued.  The determination discusses the range of information available on which the authority could rely in making its decision.

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2018/057: Decision to grant a building consent subject to notification under section 73 for building work on land subject to natural hazards

This determination considers an authority’s decision to grant building consent subject to a section 73 notice requiring a notice to be placed on the land title identifying the land as being subject to natural hazards - being erosion and inundation.  The subject property is adjacent to a river located in a rural setting. 

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2018/056: Refusal to grant a building consent for proposed earthquake repairs to two residential buildings

This determination considers two houses damaged in the Canterbury earthquake sequence and whether the information provided in support of the building consent for the repair of the buildings was sufficient for the authority to be able to grant the consent.  

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2018/055: Compliance of a warehouse fitout with the fire safety requirements of the Building Code

This determination considers the compliance of a warehouse fitout, comprising a storage racking system and a mezzanine floor, with the fire safety requirements of the Building Code. The determination considers whether the fitout was part of the original building as it was intended to be built, or whether it can be considered an alteration to an existing building.

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2018/054: Notice to fix issued in 2009 for a then 10-year-old house with monolithic cladding (to be read in conjunction with Determination 2008/118)

This determination considers the authority’s exercise of its powers of decision in relation to a notice to fix issued for a house with monolithic cladding.  The determination discusses the relevant standards at the time of construction and whether the notice to fix should have required replacement of the untreated timber framing used with treated timber.

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2018/053: Compliance of an aluminium and glass barrier with Building Code Clause F4 Safety from falling

This determination considers the performance of a proprietary aluminium barrier installed on a timber-framed veranda in an existing house.  The determination considers the performance of the barrier in respect of its strength, and the authority’s decision to refuse to issue a code compliance certificate in respect of the work.

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2018/052: Whether an automatic pool cover complies with Building Code Clause F9

This determination considers whether the use of an automatic pool cover will comply with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination discusses waivers and modifications, and the provision for automatic pool covers for small heated pools.

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2018/051: Refusal to issue a code compliance certificate for a 9-year-old house with mixed claddings

This determination considers the compliance of a consented building where there was delay in completing the consented work.  The determination considers the authority’s reasons for declining to issue the code compliance certificate for the work; the authority’s reasons were principally concerned with the building’s compliance with Building Code Clause E2 — External moisture.

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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: