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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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163 Determinations match your query
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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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2017/063: Whether a barrier is required for a retaining wall to a residential property

This determination considers whether a barrier is required to a retaining wall in order to comply with Clause F4 safety from falling, and the authority's intention to issue a notice to fix. The determination also discusses whether building work completed after the code compliance certificate was issued required building consent or whether it was exempt.

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2017/050: Refusal to issue a code compliance certificate for a 12-year-old house completed under the supervision of a building certifier

This determination considers the compliance of a 12-year-old house that had been built under the supervision of a building certifier, but where a code compliance certificate had not been issued. The authority had issued a certificate of acceptance for the work, but the current owners were seeking a code compliance certificate in its place. The determination considers which certificate was appropriate to issue in the circumstances.

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2017/041: Whether proposed barriers to a timber walkway and proposed wharf will satisfy Clause F4 Safety from falling

This determination is concerned with the compliance of proposed barriers to a wharf and a walkway. The determination considers whether the proposed barrier to the wharf would be incompatible with its intended use.

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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.

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: