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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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2017/028: Refusal to grant building consent for the retrofitting of blown mineral fibre insulation in an 80-year-old brick veneer clad house

This determination concerns the retro-fitting of blown mineral fibre insulation into an existing house and the authority’s decision to refuse to grant building consent.  The determination considers the grounds for the authority’s decision, and whether there are now reasonable grounds to be satisfied that the building after the alterations will comply with the Building Code to the extent required by section 112 of the Act.

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2017/020: Decision to issue a certificate of acceptance for building work

This determination considers completed remedial work to a house. The work was consented, but work that was intended to be done as an amendment to the consent was completed by the owner before the amendment was approved by the authority. The code compliance certificate issued by the authority excluded the amended work, which was regularised through the issue of a certificate of acceptance. The owner disputed the exclusion of the amended work from the code compliance certificate.

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2017/017: Regarding the compliance of a concrete ramp to a door threshold and the refusal to issue a code compliance certificate for a house

The determination is concerned with the compliance of the concrete ramp and ground clearances to the front entry to the Building Code. The determination considers whether the authority was correct in exercising its powers of decision in refusing to issue a code compliance certificate.

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2017/016: Regarding the decision to issue a building consent for repairs to a multi-storey building

This determination is concerned with the compliance of discrete repairs proposed to the top levels of a multi-storey building. The determination considers whether the authority was correct to issue a building consent for that work, and whether the replacement of a related deck membrane was exempt from requiring a building consent.

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2017/014: Regarding a building consent for the recladding of apartments

This determination is concerned with the compliance of a panel facade cladding system used in the recladding of two apartments at the top of a multi-level building. Due to its height, the building fell outside the scope of the Accetable Solution and Verification Method, and the determination considered the effect of wind pressures likely to be imposed on the cladding system.

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2017/013: Refusal to issue a code compliance certificate for 11-year-old additions and alterations to a house

This determination is concerned with the compliance of an 11 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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2017/011: Regarding the refusal to issue an amendment to a building consent in respect of the AAC cladding system of a 4-year-old house

This determination is concerned with the compliance of the AAC cladding to a four year old house and the authority's refusal to issue an amendment for repairs and repainting. The determination discusses damage caused by thermal movement due to the dark paint colour, and the authority's request for a producer statement and warranty for the cladding.

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2017/010: Refusal to issue code compliance certificates for a 20-year-old house with 7-year-old alterations

This determination is concerned with the compliance of a house and alterations that are, respectively, 21 and 9 years old. The determination considers the authority’s reasons for refusing the code compliance certificates, and whether the house currently complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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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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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: