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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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2016/020: The refusal to issue a code compliance certificate for an 8-year-old house

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

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2015/028: Refusal to grant building consent and whether proposed alterations to an existing building comply with the Building Code

Considered the application of sections 17 and 112 of the Act, and the compliance of the proposed fire alarm system. Discussed compliance of the building as a whole after the alterations ‘as nearly as is reasonably practicable’ with respect to means of escape, and how the approach involves the balancing of sacrifices and difficulties of upgrading against the advantages of upgrading. Discussed use of MBIE guidance and “gap assessment”.

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2012/074: Change of use provisions of the Building Act for the alteration of part of a house to a second kitchen

N/A

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2010/141: The code compliance of a fire safety system installed in a building

N/A

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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: