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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2019/009: Regarding the compliance of proposed carpet flooring to a laundry in an attached garage

This determination considers the compliance of proposed carpet flooring to a laundry space within an attached garage. The authority refused to issue the building consent for the proposal because of concerns the use of carpet in a laundry does not prevent water from penetrating behind linings, and does not avoid the likelihood of fungal growth or the accumulation of contaminants.

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2019/007: The refusal of a code compliance certificate for 18-year-old additions and alterations to a house

This determination considers an authority’s refusal to issue a code compliance certificate for 18-year-old additions and alterations to an existing house.  The cladding had been changed from what was consented and the changed cladding had also been applied to the remainder of the existing building.  The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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2019/002: Regarding the issue of a notice to fix for a house with foam insulation

This determination considers the compliance of foam insulation installed to the walls and the underside of a roof in a house that has a low to moderate weathertightness risk. 

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2018/066: Authority’s decision to issue a code compliance certificate for alterations to a relocated house

This determination considers the issue of a code compliance certificate for alterations to a relocated house.  The determination discusses the compliance of the building work with the building consent and with relevant clauses of the Building Code

2018/060: Refusal to grant building consent for retrofitting polyisocyanurate insulation in a house

This determination considers the code-compliance of retrofitted rigid foam insulation board to insulate the walls of an existing house.  The determination considers whether the proposed insulation board will satisfy certain clauses of the Building Code to the extent required by the Building Act.

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2018/046: Refusal to issue a code compliance certificate for alterations to a 16-year-old building

This determination considers the compliance of consented alterations carried out on an existing building for which an earlier code compliance certificate also had not been issued and where a significant portion of the existing building remained unaltered. The determination considers the authority’s reasons for declining the code compliance certificate for the work, and the provisions of section 115 (change of use) in relation to the work.

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2018/045: Classified use of a building let out as accommodation

This determination considers the classified use of a building under Clause A1. The determination also considers the interpretation of intended use, and what constitutes a single household.

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2018/044: Classified use of a main house, which is let out as accommodation

This determination considers the classified use of a building under Clause A1. The determination also considers the interpretation of intended use, and what constitutes a single household.

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2018/039: Code compliance of a walk-in shower to an ensuite in a 5-year-old house

This determination considers the compliance of a wall to floor junction in a shower with Clauses E3 Internal moisture and B2 Durability of the Building Code.

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2018/030: Compliance of Lawson Cypress posts to a portico roof

This determination considers the compliance of Cypress posts with Clause B2. The determination considers whether the authority was correct in its proposed refusal to issue the code compliance certificate.

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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: