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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2019/003: Regarding the ground preparation for house foundations and whether this satisfied Clause B1 Structure

Note: This determination is subject to clarification

 

This determination considers the ground preparation to a site before a house with a proprietary foundation had been constructed. The site was in the Canterbury region and had been classified as TC2. The determination considers whether the site and its preparation meet Clause B1 Structure, and whether the authority was correct to issue the code compliance certificate in respect of this work.

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2018/056: Refusal to grant a building consent for proposed earthquake repairs to two residential buildings

This determination considers two houses damaged in the Canterbury earthquake sequence and whether the information provided in support of the building consent for the repair of the buildings was sufficient for the authority to be able to grant the consent.  

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2017/007: Authority's exercise of its powers of decision to refuse to issue a building consent for a new house

This determination considers whether the authority was correct to refuse to issue a building consent on the grounds that it considered the proposed footing detail, which is an alternative solution, did not comply with Clause B1 of the Building Code. The determination compares the proposed footing detail with that set out in the Acceptable Solutions SH/AS1 and B1/AS1 in terms of its flexural and shear capacity.

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2016/059: Regarding the compliance of uPVC window and door joinery installed to a house

This determination considers the compliance of a substituted uPVC joinery product that is the subject of an application to amend a building consent. The determination discusses the evidence base and consequences of failure.

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2016/056: Regarding the refusal to issue a code compliance certificate for a house due to changes in its structural system

This determination concerns the refusal to issue a code compliance certificate on the grounds that the authority could not be satisfied that the building work complied with Clause B1 Structure.  The as-built work differed from that described in the building consent, which been supported by the specifications and design documentation for a proprietary construction system that was not used in the construction of the building.

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2016/041: Proposed refusal to issue a code compliance certificate due to variations in level and surface tolerances

This determination considers the level and tolerances in surface finish to the concrete floor slab and consequential variations in the timber framing to a two-story house.  The determination considers the compliance of the slab in relation to loss of amenity under Clause B1 Structure, and the application of the appropriate standards cited in the building consent.

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2016/028: Regarding the authority's exercise of its powers in issuing a code compliance certificate for a retaining wall

This determination was sought by the owner of an adjacent property who was of the view that the retaining wall and site works did not comply with the Building Code.

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2016/023: Authority's exercise of its powers in respect of a building consent application and compliance of proposed bracing system for a building

This determination considers a proposed bracing system designed by the applicant and whether the authority had sufficient information in order to establish on reasonable grounds that the building work would comply with the requirements of the Building Code.

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2016/003: Dispute about the issue of building consents and code compliance certificates and the building code compliance of building work for commerci

This determination considers the authority’s decision to issue building consents and code compliance certificates for commercial buildings with pre-cast concrete panels,  and whether the building work complied with Clause B1 of the Building Code. The determination also discusses the difference between an alternative solution and industry practice.

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2015/073: Regarding the issue of a notice to fix for building work carried out without building consent and non-compliance with the Building Code

This determination discusses who can be issued with a notice to fix, in particular when building work was undertaken by a previous owner without building consent having been obtained. It also considers the compliance of building work and discusses circumstances where building work departs from Acceptable Solutions or New Zealand Standards.

Note: This Determination was set aside by order by the District Court as a result of an appeal under section 208 of the Building Act. The Court order was made by consent of the parties after the respondent Council conceded it failed to comply with the statutory provisions governing notices to fix.

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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: