Previous determinations

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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2023/037: The compliance of a waterproof membrane tanking system with Clause E2 of the Building Code

This determination considers whether the tanking system, applied to a blockwork retaining wall on a residential house, complies with the weathertightness requirements of Building Code clause E2 External Moisture.

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2023/031: Decision by an authority to grant a building consent and issue a code compliance certificate for a relocatable dwelling

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling. The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code. The main issues relate to the weathertightness and stability of the dwelling.

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2023/030: The issue of a building consent, specifically in regard to three cladding details

This determination considers a building consent for the construction of a dwelling. The matter concerns the details for fixing infill panels that were proposed to be installed above and below windows, and above a garage door and entrance. The determination considers whether those details, as documented in the consent application, would comply with clause E2 External Moisture and B1 Structure, if the building work was constructed in accordance with the building consent.

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2023/027: The compliance with clause E2 of a proposed direct-fixed plywood cladding system on a building

This determination considers whether the proposed direct-fixed version of the plywood cladding system complies with Building Code Clause E2.3.2, specifically when considering the use of BRANZ Appraisal no 765 (2017) as evidence to show compliance. The scope of the appraisal requires a risk score of 0-6, as calculated in acceptable solution E2/AS1, and this determination assesses whether the proposed application falls within those bounds.

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2023/021: The refusal to issue a code compliance certificate for a 21-year-old dwelling.

This determination considers the authority's decision to refuse to issue a code compliance certificate for a building consent for a dwelling with monolithic cladding. The authority raised concerns including in regards to Building Code clauses E2 External Moisture and B2 Durability.

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2023/019: Regarding the proposed refusals to issue two code compliance certificates for building work to construct and alter a dwelling.

The determination considers the authority’s proposed decisions to refuse to issue code compliance certificates for two separate building consents for the construction, and subsequent alterations, to a detached dwelling. The determination considers the authority’s reasons for the refusals and whether sufficient information has been provided to the authority for it to be satisfied the building work complies with the Building Code that applied at the time the building consents were granted.

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2023/018: An authority’s refusal to issue a code compliance certificate for a 27-year-old house

This determination considers an authority’s refusal to issue a code compliance certificate for a 27-year-old house, because of the authority’s concerns about cracks in the cladding and a lack of inspections at the time of construction. The determination considers the requirement to specify reasons for refusal, and the authority’s reasons for refusal in this case.

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2023/012: Regarding the decision to issue a code compliance certificate for alterations to an existing residential dwelling

This determination considers the decision by an authority to issue a code compliance certificate for building work undertaken to alter an existing detached residential dwelling. The determination will consider the compliance of specific elements of the building work against the requirements of a building consent and the Building Code, taking into account all the information now available.

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2023/010: Regarding the authority’s decision to refuse to grant an application for a building consent for building work to enclose an existing carport

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers
the authority’s reasons for refusal and whether sufficient information was included in
the building consent application for the authority to be satisfied that the provisions of
the Building Code would be met if the building work were properly completed in
accordance with the plans and specifications that accompanied the application.

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2023/007: Regarding the authority’s decision to refuse to grant a building consent for alterations to an existing building

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers the
authority’s reasons for refusal and whether sufficient information was included in the
building consent application for the authority to be satisfied that the provisions of the
Building Code would be met if the building work were properly completed in accordance
with the plans and specifications that accompanied the application.

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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: