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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2018/066: 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

2018/062: Authority’s refusal to issue a code compliance certificate for a 17-year-old house with monolithic cladding

Note: to be read in conjunction with Determination 2017/008.

This determination considers a second refusal to issue a code compliance certificate for a now 17-year-old house with monolithic cladding that was the subject of a previous determination.  This determination discusses the validity of the refusal with regard to the time in which a building consent authority must make a decision, and the relationship between the requirement to give reasons for refusing to issue a code compliance certificate and the issue of a notice to fix.  The determination considers the information the authority had before it at the time it made its decision and whether the items identified by the authority are compliant with the Building Code.

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2018/053: Compliance of an aluminium and glass barrier with Building Code Clause F4 Safety from falling

This determination considers the performance of a proprietary aluminium barrier installed on a timber-framed veranda in an existing house.  The determination considers the performance of the barrier in respect of its strength, and the authority’s decision to refuse to issue a code compliance certificate in respect of the work.

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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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2018/010: Whether proposed barriers to a timber walkway along the shoreline at Mangonui Harbour will satisfy Clause F4 Safety from falling

This determination is concerned with the compliance of proposed barriers to a walkway. The determination considers whether the barrier satisfies the Acceptable Solution or complies as an alternative solution.

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2018/009: Refusal to issue a code compliance certificate in respect of remedial work to decks

This determination considers the compliance of the remedial work carried out to eight decks. 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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2018/002: Decision to issue a notice to fix for a retaining wall

This determination considers whether a retaining wall without a barrier at the top complies with Clause F4 Safety from falling.  The determination also discusses the interpretation of section 42A(2)(c) of the Building Act and whether the building work to construct a retaining wall was exempt from the requirement to obtain a building consent.

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2017/077: Whether retaining walls require barriers to comply with Clause F4

This determination considers whether the retaining walls without barriers would comply with Clause F4 Safety from falling. The determination also discusses whether the building work to erect the barriers was exempt from the need for a building consent under Schedule 1.

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2017/070: Refusal to issue a code compliance certificate for a 20-year-old house with mixed claddings

This determination is concerned with the compliance of 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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2017/066: Refusal to issue a code compliance certificate for a 19-year-old house with mixed claddings

This determination is concerned with the compliance of a 19-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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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: