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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2018/020: Refusal to issue a code compliance certificate for a house with rammed-earth walls

This determination considers the compliance of the second stage of a house built with rammed-earth walls used as a structural element and as a cladding.  The determination considers the compliance of the as-built work, the on-going maintenance of the rammed-earth walls, and whether the authority was correct in declining to issue a code compliance certificate for the work.

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2018/019: Compliance of the base of a wall to a large shed containing a dwelling

This determination considers the compliance of a base flashing detail installed to a portion of a shed containing a dwelling to resolve moisture ingress.  The determination discusses the extent of the remedial work required in relation to the uses of the shed and their relative Building Code obligations.

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2018/018: Decision to aggregate the floor areas of two buildings in a new development to determine Clause D1 Access requirements

This determination considers the access requirements for a new office building being constructed as part of a development that includes an adjacent hotel.  The determination discusses aggregation of floor areas for the purpose of establishing whether the requirement for a lift is triggered.

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2018/017: Compliance of an indoor swimming pool without a barrier

This determination considers the compliance of a pool that is wholly enclosed within a dwelling but that doesn’t have a physical barrier to restrict access by unsupervised children. The determination discussions the exemption from the requirement to have a barrier that was granted under the Fencing of Swimming Pools Act, and the relationship with the current provisions for barriers to residential pools under the Building Act.

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2018/016: Notice to fix for construction of a shed without building consent

This determination considers whether the authority correctly exercised its powers in issuing a notice to fix for building work carried out without building consent having been obtained.  The matter turns on whether the building work was exempt under Schedule 1 as a repair or replacement of an outbuilding.

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2018/015: Regarding a notice to fix and the refusal to issue a certificate of acceptance for alterations

Note: This determination is subject to appeal.

This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.

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2018/014: Refusal of a code compliance certificate for alterations to a house

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

2018/013: Decision to require a building consent for the installation of a frost fan

This determination considers whether a frost fan falls within the definition of "building" , and whether building consent is required for its installation.  The determination also discusses exemptions under Schedule 1 of the Building Act and the authority's requirement for an electrical works certificate

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2018/012: Refusal to issue two code compliance certificates for alterations and additions to a house

This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents.  The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.

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2018/011: Refusal to issue an amended building consent for building work

This determination concerns the substitution of aluminium windows that were detailed in an approved consent with imported timber windows.  The owner had sought a consent amendment for the substitution, but this had been refused by the authority.  The amendment had also been sought after the installation of the windows.  The determination considers whether the timber windows satisfy the Building Code, and whether the authority was correct to refuse the building consent amendment. 

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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: