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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2016/044: Regarding the code-compliance of pool barriers to a swimming pool and including a pool room

This determination discusses the Building Code obligations in Clause F4 for a proposed pool barrier that would include a pool room. The determination considers the area enclosed by the proposed barrier in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4(f).

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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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2016/013: Regarding the refusal to issue a code compliance certificate for an 11-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate: the grounds for the refusal were the authority’s concerns regarding the weathertightness and durability of the exterior envelope, the adequacey of barriers to a deck and stairs, surface water disposal, and a change of use. The determination reviewed the reasons given for the refusal and considered whether the items identified in the refusal comply with the Building Code.

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2015/055: Regarding the code compliance of building work in a new house

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work, and whether the building work as constructed complies with the Building Code.

2015/053: The refusal to issue a building consent for barriers to a swimming pool

This determination discusses the Building Code obligations in Clause F4.3.5 for a proposed dwelling forming part of a pool barrier. The determination also considers the area enclosed by the proposed building work and an existing pool fence in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4

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2015/039: The refusal to issue a compliance certificate and the issue of a notice to fix in respect of compliance of pool barriers to a swimming pool

Discussed whether the proposed pool barrier encompassing “the immediate pool area” complies with Clause F4 of the Building Code with regard to the size of the area and the activities that would take place within it. Other matters discussed whether the building consent would lapse two years after the date on which it was issued.

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2015/037: Regarding the compliance of pool barriers for a swimming pool

Discussed the authority’s refusal to issue a building consent relating to compliance with Clause F4 of the Building Code for a proposed swimming pool and its barriers which included sliding doors and the use of security latches with lockable bolts.

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2015/012: Compliance of pool barriers in relation to the immediate pool area for a proposed swimming pool

Discussed the definition of ‘immediate pool area’ and the ‘immediate pool surround’ and the potential for unacceptable lapses of pool security due to doors, gates and pedestrian access.

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2015/005: The refusal to issue a code compliance certificate for a 12 year-old house completed under the supervision of a building certifier

Where a building certifier registered under the former Act ceased operating before the code compliance certificate was issued. Discussed whether there is sufficient evidence to establish the building work complies with the Building Code that applied at the time the building consent was granted, and what is the appropriate regulatory action by the authority and what certificate is to be issued.

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2015/001: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with mixed claddings

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed whether it is reasonable to grant a modification to durability provisions in Clause B2 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: