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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2021/011: Regarding the compliance of timber bevel back weatherboards, coated with dark grey paint, installed on a house

This determination considers whether timber bevel backed weatherboards, painted in a dark colour, complied with Building Code Clause B2 Durability, as it relates to Clause E2 External moisture. The determination considers the degree of exposure to sunlight, acecss for maintenance and inspection of the cladding, the design, and the specification of the materials used, as well as a number of other factors that contribute to a Building Code compliance assessment of this nature.

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2019/039: Regarding the exposure zone for building work located near a tidal estuary

This determination considers what is the appropriate exposure zone for a house located near a tidal estuary and the protection that is required to the brick ties used to secure the brick cladding.  The authority considered that the house was located in exposure Zone D which required stainless steel ties to be used.

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2017/056: Refusal to issue a code compliance certificate for a repaired 14-year-old house with masonry veneer cladding

This determination is concerned with the compliance of a 14-year-old house that had undergone repair works. 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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2017/021: Decision to issue a code compliance certificate for a then 9-year-old house with earth brick walls

This determination is concerned with the durability of pressed earth brick external walls in a 19-year-old building and considers whether the authority was correct to issue the code compliance certificate.

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2017/012: Corrosion zone of a proposed housing development

This determination considers the compliance of the proposed building work with respect to durability. The determination includes the expert opinion of a specialist in corrosion engineering, and discusses the exposure and corrosion zones relevant to the site.

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2016/005: Regarding the durability of a substitute metal roofing material on a house located close to a tidal estuary

This determination considers the compliance of a substitute metal roofing material with respect to durability.  The determination includes the expert opinion of a specialist in corrosion engineering, and discusses the exposure and corrosion zones relevant to the site.

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2015/084: Determination regarding the code compliance of fixings to plywood cladding on a 9-year-old house

This determination considers the compliance of nailing to plywood cladding to a house located in a sea spray zone: galvanised mild steel nails had been installed instead of stainless steel nails.  The determination considers the compliance of the plywood in relation to Building Code Clauses B1 Structure and E2 External moisture, and the remedial work done to date by the owner.

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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: