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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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2017/008: Determination regarding the compliance of cladding and timber framing to a remediated 15-year-old house

This determination is concerned with the compliance of cladding and timber framing in a 15-year-old house that had previously been subject to moisture ingress. The determination considers the authority’s reasons for refusing the code compliance certificate for alterations that involved recladding and over-cladding, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2017/005: Regarding the code compliance of remediation work to a 15-year-old house

This determination considers the authority’s reasons for refusing to issue a code compliance certificate for remedial work to an existing house; and whether the work concerned complied with Clause B1, B2, and E2 of the Building Code. The building consent had been issued with requirements for quality assurance in relation to construction monitoring which was also the subject of the dispute between the parties.

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2017/003: Regarding the refusal to issue a code compliance certificate for a 12- to 15-year-old house with monolithic cladding

This determination is concerned with the compliance of a 12 to 15-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2016/061: Regarding aluminium window and door joinery installed to a house

This determination considers the compliance of an alternative solution using imported window and door joinery and the associated fixing and installation. The determination discusses the available technical information and the use of proposed testing to support the building consent amendment application.

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2016/057: Regarding the performance of a concrete floor slab and foundation with respect to moisture transmission to a house

This determination concerns the construction of a concrete floor slab and foundations without a damp proof membrane. The determination considers whether the authority was correct to issue the code compliance certificate in respect of compliance of the  concrete floor slab with Clause E2 External Moisture, and Clause B2 Durability.

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2016/055: Regarding the refusal to issue a code compliance certificate for a 14-year-old house with EIFS cladding

This determination concerns the compliance of a 14-year-old house with EIF 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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2016/051: Regarding the refusal to issue a code compliance certificate for a 6-year-old house

This determination is concerned with the compliance of a 6-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the information provided in a building surveyor's report was adequate to establish that the building work complies with the requirements of the Building Code.

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2016/049: Regarding the refusal to issue code compliance certificates for an 18 to 20-year-old house with monolithic cladding

This determination is concerned with the compliance of a 20-year-old house. This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2016/047: Regarding the refusal to issue code compliance certificates for an 18-year-old house with a 14-year-old extension

This determination is concerned with the compliance of the 18-year-old house and 14-year-old extension. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2016/046: The refusal to grant an amendment to a building consent for the use of imported composite slate roofing tiles on a house

This determination concerns the substitution of a concrete tiled roof to a house with composite slate tiles where the substitution was the subject of an amendment to the consent. The determination considers the amendment and whether the authority was correct to refuse it. The determination also considers the compliance of the slate tiles as installed.

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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: