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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2021/011: Regarding the compliance of timber bevel back weatherboards, coated with dark grey paint, installed on a house

This determination considers whether timber bevel backed weatherboards, painted in a dark colour, complied with Building Code Clause B2 Durability, as it relates to Clause E2 External moisture. The determination considers the degree of exposure to sunlight, acecss for maintenance and inspection of the cladding, the design, and the specification of the materials used, as well as a number of other factors that contribute to a Building Code compliance assessment of this nature.

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2021/008: Regarding the authority's decision to issue a code compliance certificate for a new dwelling

This determination considers whether an authority was correct to issue a code compliance certificate for a new dwelling. The determination considers whether the building is compliant, and whether the authority would have been aware of any non-compliance when issuing the code compliance certificate.

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2021/003: The refusal to issue a code compliance certificate for 20-year-old additions and alterations to a 50-year-old house

This determination considers an authority’s refusal to issue a code compliance certificate for 20-year-old additions and alterations due to concerns about compliance with the Building Code. The determination considers the authority’s reasons for refusal and whether those items identified by the authority are compliant with the Building Code.

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2020/033: The refusal to issue a code compliance certificate for historical building work to construct an outbuilding

This determination concerns the authority's decision to refuse to issue a code compliance certificate for construction of an outbuilding that was later converted to a sleepout. The determination considers the compliance of the building work identified by the authority in its reasons for refusing to issue the code compliance certificate.

2020/021: Regarding the refusal to issue a code compliance certificate for the replacement of waterproofing membranes and tiles to concrete decks

This determination considers whether the changes to a decking system to an existing building in a retirement village constitute a minor variation to the building consent issued for remedial work to the building. The determination considers whether the as-built decking system is compliant and examines the variation against the guidance issued by the Ministry on minor variations.

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2020/014: Regarding the authority's refusal to grant an amendment to a building consent

This determination considers the authority's refusal to issue a building consent for a revised timber remediation methodology and window joinery flashing system. The determination considers whether sufficient information was provided to the authority during the building consenting process.

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2020/013: Regarding the refusal to issue a certificate of acceptance

This determination considers an authority's refusal to issue a certificate of acceptance for internal work to construct two rooms inside a pole shed. The determination discusses the scope of the work covered by the application for a certificate of acceptance and the reasons given for the refusal.

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2020/011: Regarding the refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions

This determination considers an authority’s refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions 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 requirements in force when the building consent was issued.

2020/008: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding

This determination considers the refusal to issue a code compliance certificate for a 20-year-old house due to concerns about its compliance with Building Code Clause E2 External moisture. The determination considers the authority’s reasons for the refusal and performance of the building envelope with the requirements of the Building Code.

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2020/005: Regarding the refusal to issue a code compliance certificate for a 22-year-old house

This determination considers the reasons given by a building consent authority to issue a code compliance certificate for a 22-year-old house. The reasons for the refusal included the lack of energy works certificates for electrical and gas services. The house was the subject of significant consented alterations that are now 12 years old, and for which a code compliance certificate was issued.

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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: