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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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2017/053: Refusal to issue a code compliance certificate for a 20-year-old house clad with rusticated fibre-cement weatherboards

This determination is concerned with the compliance of the building envelope to 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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2017/052: Refusal to issue a certificate of acceptance for recladding a 22-year-old building

This determination considers two applications made for a certificate of acceptance for the recladding of an existing building: the work has been undertaken without a building consent having been issued. Both applications were declined by the authority. The determination considers the compliance of the work itself, the basis on which the work was done, and whether the authority was correct to decline the applications.

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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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2017/049: Refusal to issue a code compliance certificate for 11-year-old alterations to a house with mixed cladding

This determination is concerned with the compliance of 11-year-old alterations to a house built in the 1960s. 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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2017/041: Whether proposed barriers to a timber walkway and proposed wharf will satisfy Clause F4 Safety from falling

This determination is concerned with the compliance of proposed barriers to a wharf and a walkway. The determination considers whether the proposed barrier to the wharf would be incompatible with its intended use.

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2017/031: The code compliance of a proposed shower area in a new house

This determination considered the detailing of the window and the surfaces required to comply with Clauses E3.3.2 and E3.4.5 of the Building Code, and the compliance of the window as a whole with Clause E3.3.6.

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2017/018: Refusal to issue a code compliance certificate for a 10-year-old house with plywood, stone veneer and horizontal weatherboards

This determination concerns the compliance of a 10-year-old house with plywood, stone veneer, and horizontal weatherboard cladding. This 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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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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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: