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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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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2016/052: Regarding the compliance of a relief drain from the safety valve to a hot water cylinder in a three-year-old house

This determination considers the compliance of a PVC foul water drainage system to a house where the TPR valve from a hot water cylinder drained into the foul water system.  The hot water cylinder was connected to a solid fuel wetback and a solar water heater as uncontrolled heating sources.

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2016/049: Regarding the refusal to issue code compliance certificates for an 18 to 20-year-old house with monolithic cladding

This determination is concerned with the compliance of a 20-year-old house. This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2016/032: Regarding the use of existing drains for a new dwelling

This determination considers a requirement put in place after a building consent was issued to replace existing drains on a property where a new dwelling was being constructed.  The decision turns on the means of compliance stated in the building consent and the authority’s powers after the consent was issued.  The determination also discusses the Building Code obligations that apply in regards to drainage systems and the performance requirements and assessment of existing drains.

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2016/027: The refusal to issue a code compliance certificate for 14-year-old alterations to plaster-brick house

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.

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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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2016/011: Regarding the issue of a notice to fix for a pit latrine, showering shed, water supply system, and two Shepherd's huts

This determination involves a number of small structures constructed on a rural property without building consent first being obtained; it was the owners’ understanding that the building work was exempt under Schedule 1. The determination discusses whether the two shepherd’s huts are buildings, and the clauses of the Building Code that apply in respect of the pit latrine, a latrine with a chemical toilet, the showering shed and the water supply system.

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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.

2015/054: Rearding the refusal to issue a code compliance certificate for a 21 year-old house

This determination discusses the code compliance of a 21 year-old house set in a rural location. The determination also considers building elements that have satisfied their required durability requirements under Clause B2 and the maintenance of such items.

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: