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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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2017/049: Refusal to issue a code compliance certificate for 11-year-old alterations to a house with mixed cladding

This determination is concerned with the compliance of 11-year-old alterations to a house built in the 1960s. 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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2017/048: Decision to grant a building consent subject to notification under section 73 for building work on land subject to a natural hazard

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the conditions under section 71(2) had been met and the consent could be issued without notification under section 73. Adequate provision had been made to protect the building work from the natural hazard (inundation) and the buliding work would not accelerate, worsen, or resulting in a natural hazard, but no provision had been made to protect the land.

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2017/047: Refusal to issue a code compliance certificate for a house with mixed claddings completed under supervision of a building certifier

This determination is concerned with the compliance of the building envelope to a 12-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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2017/046: Refusal to issue a code compliance certificate for a house with EIFS cladding completed under the supervision of a building certifier

This determination is concerned with the compliance of the building envelope to a 15-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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2017/045: Compliance of a barrier to a swimming pool

This determination considers the compliance of a number of features in a barrier to a swimming pool, including a bifold window that was installed as part of alteration for which a code compliance certificate has been issued.

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2017/044: Refusal to issue a code compliance certificate for a 14-year-old house

This determination is concerned primarily with the compliance of the building envelope to a 14-year-old house with autoclaved aerated concrete cladding. 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 that was in force at the time the building consent was issued.

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2017/043: Certificate of acceptance issued subject to qualifications for substituted imported composite slate roofing tiles on a house

This determination considers exclusions listed in a certificate of acceptance issued for the installation of imported composite slate roofing tiles.

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2017/042: Compliance of building work with Clause E1 of the Building Code

The determination considers whether site works carried out as part of a development have breached the requirement under Clause E1.3.1 in regards to the disposal of surface water to avoid the likelihood of damage or nuisance to other property. The determination discusses the causes of the flooding and the performance requirements in relation to annual exceedence probability of storm events.

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2017/041: Whether proposed barriers to a timber walkway and proposed wharf will satisfy Clause F4 Safety from falling

This determination is concerned with the compliance of proposed barriers to a wharf and a walkway. The determination considers whether the proposed barrier to the wharf would be incompatible with its intended use.

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2017/040: Refusal to grant a building consent for proposed supermarket alterations

This determination concerns the refusal to issue a building consent for alterations to an existing supermarket building because it was believed the proposed work did not comply with the fire safety clauses of the Building Code. The determination considers the requirements of the legislation as it applies to the alteration. The fire engineer initially used a verification method to show compliance, and the determination discusses what this method requires.

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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: