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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This determination concerns the natural hazards provisions of the Act. The matter turned on whether the building work constituted a major alteration and whether section 72 would apply even if the building work was not a major alteration. The determination also considered whether it was reasonable to grant a waiver of Clause E1.3.2.
This determination is concerned with the compliance of the building envelope to 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.
This determination is concerned with the compliance of 11-year-old alterations to a house built in the 1960s. 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.
This determination is concerned primarily with the compliance of the building envelope to a 14-year-old house with autoclaved aerated concrete cladding. 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 that was in force at the time the building consent was issued.
The determination considers whether site works carried out as part of a development have breached the requirement under Clause E1.3.1 in regards to the disposal of surface water to avoid the likelihood of damage or nuisance to other property. The determination discusses the causes of the flooding and the performance requirements in relation to annual exceedence probability of storm events.
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 determination concerns the compliance of a 10-year-old house with plywood, stone veneer, and horizontal weatherboard cladding. This 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.
This determination considers the authority’s refusal to grant a waiver under section 72 of the Act for two proposed buildings which are situated on land subject to a debris flow hazard. The determination considers the risk to occupants from debris flow events, and the extent to which the proposed work will mitigate this risk.
This determination was sought by the owner of an adjacent property who was of the view that the retaining wall and site works did not comply with the Building Code.
This determination is concerned with the compliance of 14-year-old additions to a plastered brick veneer house. This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the alterations comply with the requirements of the Building Code.
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:
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