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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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2016/063: Regarding the compliance of a single inner handrail to a spiral stairway

This determination considers the compliance of an alternative solution proposing the use of a single handrail on the inner face of a secondary private spiral stairway. The determination discusses the relative angle of the handrail and the pitch line of the stairs, and whether the handrail is graspable and would provide sufficient grip to arrest a fall.

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2016/043: Regarding the compliance of weatherboards as installed to a house

This determination arises from a dispute regarding the installation of cedar weatherboards in a manner that is not in accordance with the building consent or with the manufacturer’s instructions. The determination considers whether the weatherboards as installed comply with Clauses E2 and B2 of the Building Code.

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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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2016/026: Determination regarding the compliance of a vapour barrier to a proposed pool house

This determination is concerned with the design of a proposed pool building that is an outbuilding to a dwelling. The determination considers what Building Code clauses apply to pool building, and whether the information provided with the application for building consent demonstrates that the proposed work will comply with the requirements of the Building Code.

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2015/060: Regarding the compliance of concrete exterior stairs

This determination confirms the extent of compliance required by the Act for a set of external concrete stairs that serve as the access route to a dwelling. The three flights of stairs were replaced due to damage caused by earthquake activity, and the majority of the building work was carried out as exempt building work under Schedule 1(2)(a). The determination discusses the term “apron or construction edge” as it is used in Clause D1.3.1(a) and as it applies in this case.

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2015/057: Regarding the refusal to issue a building consent for stage one of remediation to an apartment complex

This determination discusses the code compliance of proposed wall and roof repairs in respect of interstitial condensation. The analysis took into account the expected occupancy of the units and factors affecting ventilation, the site and location, the past history of damage to the buildings, and the provisions proposed for reducing the risk of condensation.

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2015/056: Regarding the compliance of asphalt roof shingles to roofs where the rainwater is harvested and used as potable water

This determination discusses the approaches used in two different test methodologies for products that are used in contact with drinking-water. The determination considered whether there is evidence currently available that would indicate whether asphalt shingles used as part of a rainwater harvesting system will leach contaminants or particulates to an extent that would make the collected water unsuitable for human consumption (non-potable).

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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.

2015/035: Regarding the refusal to issue a code compliance certificate for additions and alterations to a school

Discussed whether there were reasonable grounds for a code compliance certificate to be issued where some building elements were no longer visible and inspections during building work were carried out by parties other than the authority.

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2015/031: Refusal to issue compliance certificates for a 12 year-old shop, 8 year-old toilet block and alterations to a building consent

Discussed building work exempt under Schedule 1 for which building consent is not required, compliance of building work with the Building Code in force at the time of construction, and amendment to a building consent to modify the durability periods and remove building elements that no longer exist. Also discussed the need for a certificate of acceptance for alterations carried out without building consent when consent was required.

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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: