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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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2018/030: Regarding the compliance of Lawson Cypress posts to a portico roof

This determination considers the compliance of Cypress posts with Clause B2. The determination considers whether the authority was correct in its proposed refusal to issue the code compliance certificate.

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2018/029: Regarding the refusal to issue a code compliance certificate for a 14-year-old house with mixed claddings

This determination considers the compliance of a 14-year-old building. 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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2018/028: Regarding the decision to issue a notice to fix for the means of escape from fire in a building

Note: This determination is subject to appeal.

 

This determination considers whether the authority was correct to issue a notice to fix in respect of locks to doors that are providing the means of escape to a commercial building containing food and retail outlets.  The determination considers whether the locked doors provide adequate means of escape from fire when the building has no occupants.

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2018/027: Regarding the refusal to issue a code compliance certificate for bored piles to a stadium building

The determination considers the authority’s reasons for refusing to issue the code compliance certificate, and discusses the authority’s concerns about aspects of PS3 and PS4 producer statements provided in support of the application for a code compliance certificate.

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2018/026: Regarding the issue of a notice to fix in respect of building work undertaken without building consent

Note: This determination is subject to clarification

 

This determination considers a notice to fix issued for the rebuilding, without a building consent, of a small extension or lean-to attached to a house. The matter turns on whether the components or assemblies replaced in the rebuilding of the structure were in the same position such that they were exempt under Schedule 1from the requirement for a consent, and whether the notice to fix was correctly issued.

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2018/025: Regarding a notice to fix and whether a structure on a trailer with wheels is a vehicle or a building

This determination considers whether a structure on a trailer with wheels is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 of the Building Act.

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2018/024: Regarding a notice to fix and whether a structure on a trailer with wheels at is a vehicle or a building

This determination considers whether a structure is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 of the Building Act.

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2018/023: Regarding the refusal to grant an exemption from the requirement to obtain a building consent for alterations

This determination considered whether a change of use had occurred and whether the authority was correct to refuse to grant an exemption under Schedule 1(2).

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2018/022: Regarding the issue of a notice to fix in respect of the concrete foundations

This determination is concerned with the compliance of a concrete slab with Clause B1 Structure. The determination considers whether the authority was correct to issue a notice to fix in relation to the concrete slab.

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2018/021: The refusal to issue a building consent for a house with membrane roof

This determination considers the compliance of low-pitched membrane roofs to a proposed three storey house.  The roofs are inward-sloping and employ slopes less than provided for in the Acceptable Solution for 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: