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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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2018/014: Refusal of a code compliance certificate for alterations to a house

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

2017/076: Refusal of code-compliance for house with monolithic cladding

This determination is concerned with the compliance of an 18-year-old house.  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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2017/072: Compliance of the ventilation system and the installation of kitchen appliances to a café kitchen

Note: This determination is subject to appeal.

This determination is about matters associated with the fitout of a café kitchen located on the ground floor of a three-storey building.  The determination considers the installation and compliance of solid fuel cooking appliances installed in the café kitchen as part of the consented work, and the compliance of the ventilation system to the kitchen.

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2017/071: Code compliance of a proposed house with steel framing and polyisocyanurate insulation board

This determination considers the code compliance of a proposed steel-framed house that uses rigid foam insulation board to insulate the walls and roof: the house was the subject of an application for building consent.  The determination considers whether the insulation board satisfies certain clauses of the Building Code, and also whether the documents submitted in support of the application for building consent were adequate.

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2017/035: Refusal to issue a code compliance certificate for an 18-year-old house

This determination is concerned with the compliance of an 18-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

2016/061: Regarding aluminium window and door joinery installed to a house

This determination considers the compliance of an alternative solution using imported window and door joinery and the associated fixing and installation. The determination discusses the available technical information and the use of proposed testing to support the building consent amendment application.

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2016/035: Regarding the refusal to issue a code compliance certificate for a 19-year-old house with brick veneer and weatherboard claddings

This determination is concerned with the compliance of a 19-year-old brick veneer house.  This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code.

2016/006 Regarding the refusal to issue a code compliance certificate for a 20-year-old house with brick and weatherboard claddings

This determination considers the authority’s decision to refuse to issue a code compliance certificate; the authority’s concerns were largely to do with the weathertightness and durability of the exterior envelope.  The determination discusses the authority’s refusal to inspect the building work and whether there was sufficient evidence of compliance in order to issue a code compliance certificate.

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2015/054: Rearding the refusal to issue a code compliance certificate for a 21 year-old house

This determination discusses the code compliance of a 21 year-old house set in a rural location. The determination also considers building elements that have satisfied their required durability requirements under Clause B2 and the maintenance of such items.

2015/040: Regarding the refusal to issue a code compliance certificate for a 19 year-old house and 11 year-old alterations with stucco wall cladding

Discussed whether the external building envelop complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code in force at the time consents were issued (under transitional provisions of the current Act section 436(3)(b)(i)).

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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: