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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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2017/029: Refusal to issue a code compliance certificate for a 16-year-old house with plywood cladding

This determination is concerned with the compliance of repairs proposed to the external building envelope and considers whether the authority was correct to refuse to grant an amendment to the building consent. The determination also considers the authority’s refusal to issue the code compliance certificate.

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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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2017/027: Compliance of space saver stairs as an alternative solution

This determination considers the compliance of space saver stairs to a mezzanine level in a house. The determination discusses how the intended use of the mezzanine level will affect the Acceptable Solution design requirements, and whether the stairs comply with Clause D1 as an alternative solution.

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2017/026: Notice to fix issued in respect of a commercial laundromat

Note: This determination is subject to clarification.

This determination was sought by the authority in regards to whether a notice to fix was correctly issued to the designer as a specified person, and whether the sprinkler system is a specified system for the purpose of the compliance schedule and building warrant of fitness.  The determination also considers the compliance of particular features of the building, and discusses the various contraventions listed in the notice to fix.

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2017/025: Access and facilities for people with disabilities to a hypothetical public dive pool

This determinatino considers whether an accessible route is required for a deep water pool that is part of a public swimming pool facilties. The determination discusses the requirement for an accessible route, both in terms of the deep water pool only and also in terms of it being one of a number of pools within the facility, and the normal activities carried out in those pools.

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2017/024: Conditions on a consent for independent construction monitoring and certification in regard to recladding of apartments

This determination considers whether there was sufficient information provided in the building consent application and available to the authority as part of its own inspections, without the independent construction monitoring and certificate for the cladding system, to allow the authority to be satisfied on reasonable grounds that the building work woudl comply with the relevant clauses of the Building Code if the building work was carried out in accordance with the plans and specifications.

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2017/023: Compliance of the substitution of automatic fire sprinkler systems for heat detectors in a basement carpark

This determination considers the compliance of a Type 6 automatic fire sprinkler system in a basement carpark with Clause C4.3. The determination discusses whether heat detection is required, or if the installed Type 6 automatic fire sprinkler system satisfies the Acceptable Solutions as heat detection. The determination discusses whether there are any significant differences between a sprinkler system and heat detectors that would affect life safety.

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2017/022: Refusal to grant a waiver of Clause C3.4(b) of the Building Code in respect of the use of an artificial turf floor surface lining

This determination considers the compliance of the artificial turf flooring with Clause C3.4(b) of the Building Code. The determination discusses the allowances within the Acceptable Solutions for non-compliant surface finishes, and whether there are reasonable grounds to issue a waiver of the building consent in respect of the artificial turf.

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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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2017/020: 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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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: