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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, 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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1034 Determinations match your query
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2019/058: The durability of steel sub-floor bearers built under building consents issued on the basis of national multiple-use approvals

This determination considers whether galvanised steel bearers used in subfloor framing to four houses meet the required minimum 50-year durability period described in Building Code Clause B2.3.1(a). The building consents for the houses were in respect of work described in national multiple-use approvals issued under section 30F of the Act. The houses have been built and the authority has refused to issue the code compliance certificates for the as-built work because it is of the view the bearers do not comply with Clause B2 Durability.

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2019/049: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding

This determination considers an authority’s refusal to issue a code compliance certificate for a 20-year-old house principally due to concerns about its compliance with Building Code Clause E2 External moisture. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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2019/039: Regarding the exposure zone for building work located near a tidal estuary

This determination considers what is the appropriate exposure zone for a house located near a tidal estuary and the protection that is required to the brick ties used to secure the brick cladding.  The authority considered that the house was located in exposure Zone D which required stainless steel ties to be used.

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2019/037: The refusal to issue a code compliance certificate for a 17-year-old house with a corrugated cellulose fibre cladding system

This determination considers an authority’s refusal to issue a code compliance certificate for a 17-year-old house principally due to concerns about its compliance with Clause E2 External moisture.  The building owners had commissioned an assessment of the building’s performance which the authority had declined to accept.

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2019/036: Regarding a notice to fix and whether a structure on trailers

Note: This determination is subject to appeal

 

This determination concerns a notice to fix issued for two relocated units built on trailers that were relocated onto site and joined via a walkway constructed onsite.  The determination considers whether the structure is a building for the purposes of the Act and whether the units separately are vehicles and not buildings.  It also considers the particulars of contravention identified in the notice to fix and the persons to whom the notice was issued.

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2019/033: Regarding the refusal to issue a code compliance certificate for a 22-year old house

This determination considers the authority’s refusal to issue a code compliance certificate where the building work was carried out without required inspections.  The determination considers the compliance of three areas identified by the authority in its refusal.

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2019/032: Regarding the refusal to issue a code compliance certificate for a 21-year-old commercial building

The determination considered whether the authority correctly exercised its powers of decision in refusing to issue a code compliance certificate. The determination considered the authority’s decision to refuse a code compliance certificate without inspecting the building.

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2019/030: Regarding the refusal to issue a building consent for invasive investigation of structural steel in an apartment complex

This determination considers the refusal to issue a building consent for investigation and subsequent reinstatement of concrete panels containing potentially corroded structural steel elements. The determination considers the authority’s reasons for refusing to issue the building consent.

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2019/028: Regarding the code compliance of parapet and post details without metal cap flashings to membrane decks

Explanatory note

This determination contained an error when it was issued on 26 June 2019. At Paragraph 5.6.6 it read, “I note here the torch-on-membrane, which the authority issued a building consent for (refer paragraph 4.5.1), is permitted within the Acceptable Solution as a capping material to parapets".

To provide clarity paragraph 5.6.6 is now to be read as follows, “I note here metal, butyl or EPDM membranes are the materials specified in the Acceptable Solution as capping materials to parapets. The authority issued a building consent (refer paragraph 3.7) for the torch on membrane, which established that the authority was satisfied with the compliance of that material as a weathertightness system."

This determination considers the compliance of parapet and post details without metal cap flashings to two membrane decks. The determination discusses the details and whether the building work complies with the Building Code in regard to Clause E2 External moisture.

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2019/020: The refusal to issue a code compliance certificate for a 16-year-old house with monolithic cladding

This determination considers an authority’s refusal to issue a code compliance certificate for a 16-year-old house principally for reasons to do with the performance of the building envelope. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant 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: