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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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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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2016/059: 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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2016/058: Regarding whether fire door signage is required to hotel suites

This determination considers whether signage is required between the common corridor and guest suites in a hotel in order to satisfy Clause F8 of the Building Code. The determination discusses the risks of the doors being wedged open and whether this constitutes a potential hazard.

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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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2016/056: 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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2016/055: 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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2016/054: Regarding the decision to issue a code compliance certificate in respect of earthquake repairs to a house

This determination considers a request by the authority to reverse its decision to issue a code compliance certificate; the authority became aware that the building work was not compliant with the building consent or with the Building Code. The determination discusses the scope of the authority's powers in respect of withdrawing code compliance certificates, and concludes that this can only be done through a determination.

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2016/053: Regarding the exemption from the requirement for a building consent for foundation relevelling using expanding resin to a house

This determination considers whether the authority was correct in requiring an application for building consent or whether the proposed building work, to relevel the house foundations by injecting expanding resin, was exempt under Schedule 1.  The determination discusses the whether the expanding resin is a ‘comparable component’ in terms of the foundation system, and whether the proposed building work is a ‘substantial replacement’.

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2016/052: Regarding the compliance of a relief drain from the safety valve to a hot water cylinder in a three-year-old house

This determination considers the compliance of a PVC foul water drainage system to a house where the TPR valve from a hot water cylinder drained into the foul water system.  The hot water cylinder was connected to a solid fuel wetback and a solar water heater as uncontrolled heating sources.

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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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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: