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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2018/012: Refusal to issue two code compliance certificates for alterations and additions to a house

This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents.  The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.

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2017/087: Refusal to issue a code compliance certificate for a 19-year-old house with EIFS wall cladding

This determination is concerned with the compliance of a 19-year-old house. The determination considers the authority’s reasons for refusing to issue a code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2017/083: Refusal of code-compliance certificate for house and producer statement for on-site waste water treatment system

This determination considers an authority’s refusal to issue a code compliance certificate for an on-site waste water treatment system because the installer had not provided a producer statement for the completed system.  The determination considers the likely compliance of the completed system.

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2017/076: Refusal of code-compliance for house with monolithic cladding

This determination is concerned with the compliance of an 18-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2017/066: Refusal to issue a code compliance certificate for a 19-year-old house with mixed claddings

This determination is concerned with the compliance of a 19-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2017/057: Refusal to issue a code compliance certificate for a 20-year-old house with EIFS wall cladding

This determination is concerned with the compliance of 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.

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2017/051: Refusal to issue a code compliance certificate for a 10-year-old house with brick veneer cladding

This determinatin considers the compliance of the building work, and whether there were reasonable grounds for the authority to issue a code compliance certificate. The determination also discussed inspections undertaken by the authority as a means of providing reasonable grounds on which to issue a code compliance certificate.

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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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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: