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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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2017/019: The number of personal hygiene facilities in a school building undergoing alterations

This determination considers whether the proposed alterations, with a reduced number of toilets, will comply with the Building Code to the extent required by section 112.  The determination discusses the tests under section 112(b) in regards to a reduction in the level of performance achieved in the existing building.

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2017/018: Refusal to issue a code compliance certificate for a 10-year-old house with plywood, stone veneer and horizontal weatherboards

This determination concerns the compliance of a 10-year-old house with plywood, stone veneer, and horizontal weatherboard 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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2017/017: 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: 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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2017/015: Grant of a building consent across two allotments

This determination considers the definition of an 'owner' for the purposes of section 75 and whether a section 75 certificate was required on the building consent. The determination discusses whether a building consent can be granted over two allotments to a leaseholder without requiring a section 75 certificate.

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2017/014: 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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2017/012: Corrosion zone of a proposed housing development

This determination considers the compliance of the proposed building work with respect to durability. The determination includes the expert opinion of a specialist in corrosion engineering, and discusses the exposure and corrosion zones relevant to the site.

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2017/011: 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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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: