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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2019/006: Regarding the removal of an insanitary building notice and lack of notification of a natural hazard for a relocated building

Note: This determination is subject to clarification

 

This determination considers the lifting of an insanitary building notice and whether the building in its current state is insanitary or dangerous.  The determination also considers whether two building consents should have been granted subject to notification of the natural hazard inundation, and whether a notice to rectify should have been for building work that was not compliant with the Building Code and for building work carried out without building consent.

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2018/066: Authority’s decision to issue a code compliance certificate for alterations to a relocated house

This determination considers the issue of a code compliance certificate for alterations to a relocated house.  The determination discusses the compliance of the building work with the building consent and with relevant clauses of the Building Code

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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2018/034: Refusal of a code compliance certificate for an addition

This determination considers the authority's refusal to issue the code compliance certificate for a substantial addition to an existing studio building. The refusal arose from matters related to Building Code Clauses D1, E2, E3, and F4, but the principle issue was an ongoing dispute about the water from neighbouring properties and a small drain that has been installed to divert some of this water. The determination considers whether the drain formed part of the consented work or not.

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2017/056: Refusal to issue a code compliance certificate for a repaired 14-year-old house with masonry veneer cladding

This determination is concerned with the compliance of a 14-year-old house that had undergone repair works. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/055: Building consent granted for alterations to an existing building on land subject to a natural hazard without notification under section 73

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the building work constituted a major alteration and whether section 72 would apply even if the building work was not a major alteration. The determination also considered whether it was reasonable to grant a waiver of Clause E1.3.2.

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2017/053: Refusal to issue a code compliance certificate for a 20-year-old house clad with rusticated fibre-cement weatherboards

This determination is concerned with the compliance of the building envelope to a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/049: Refusal to issue a code compliance certificate for 11-year-old alterations to a house with mixed cladding

This determination is concerned with the compliance of 11-year-old alterations to a house built in the 1960s. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/044: Refusal to issue a code compliance certificate for a 14-year-old house

This determination is concerned primarily with the compliance of the building envelope to a 14-year-old house with autoclaved aerated concrete cladding. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code that was in force at the time the building consent was issued.

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2017/042: Compliance of building work with Clause E1 of the Building Code

The determination considers whether site works carried out as part of a development have breached the requirement under Clause E1.3.1 in regards to the disposal of surface water to avoid the likelihood of damage or nuisance to other property. The determination discusses the causes of the flooding and the performance requirements in relation to annual exceedence probability of storm events.

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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: