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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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2016/042: Regarding the compliance of a detached building containing two self-contained units

This determination considers whether the building in its proposed use will comply with the Building Code in regards to fire safety, laundering, and food preparation.  The determination discusses the proposed use of the building and whether there will be a change of use under the Regulations.

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2016/040: Regarding the grant of a building consent for a modular house, and the use of modules designed locally but prefabricated offshore

Note:  This determination is subject to appeal.

This determination considers whether the authority has exercised its powers correctly in granting a building consent for a house design that had a national multiple-use approval and consisted of modules that were manufactured offshore.  The determination considers the extent to which the Building Act and its Regulations apply to the prefabricated modules, and discusses the range of information Building Consent Authorities can seek to satisfy themselves that the construction of the prefabricated components will comply with the plans and specifications. 

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2016/039: Regarding the grant of a building consent for a modular house, and the use of modules designed locally but prefabricated offshore

Note:  This determination is subject to appeal.

This determination considers whether the authority has exercised its powers correctly in granting a building consent for a house design that had a national multiple-use approval and consisted of modules that were manufactured offshore.  The determination considers the extent to which the Building Act and its Regulations apply to the prefabricated modules, and discusses the range of information Building Consent Authorities can seek to satisfy themselves that the construction of the prefabricated components will comply with the plans and specifications.  

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2016/038: Regarding the code compliance of weatherboards to a partly constructed house

This determination considers the compliance of Western Red Cedar weatherboards as installed with respect to weathertightness and durability.  The key issues involved are the departure from the manufacturer’s specifications in regards to the use of galvanised steel holding brads and the placement of the fixings.

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2016/037: Regarding dangerous building notices issued

This determination considers whether an authority was correct to issue dangerous building notices in respect of a concrete block retaining wall and fence located on the boundary between two properties: one notice was issued to each owner.  The determination considers the state of the wall and likelihood it will collapse; and what can be done to render the wall safe.

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2016/036: Regarding access for people with disabilities to the lower level of a new rowing club building

This determination considers whether a lift is required to the lower level of a proposed two-storey rowing club building. The determination considers compliance against the relevant Acceptable Solution and what constitutes reasonable and adequate access for people with disabilities to the lower level. The determination also considers access to areas adjacent the building.

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2016/035: Regarding the refusal to issue a code compliance certificate for a 19-year-old house with brick veneer and weatherboard claddings

This determination is concerned with the compliance of a 19-year-old brick veneer house.  This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code.

2016/034: Refusal to grant an s72 waiver for two building consents for proposed buildings on land subject to a natural hazard

This determination considers the authority’s refusal to grant a waiver under section 72 of the Act for two proposed buildings which are situated on land subject to a debris flow hazard.  The determination considers the risk to occupants from debris flow events, and the extent to which the proposed work will mitigate this risk.

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2016/033: Regarding the code compliance of a solid fuel fire appliance installed in a three-year-old house

This determination considers the compliance of a fire appliance installed in a single storey dwelling and whether the emissions are disposed of in a way which avoids creating a nuisance or hazard to an adjacent neighbour in a two storey dwelling.

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2016/032: Regarding the use of existing drains for a new dwelling

This determination considers a requirement put in place after a building consent was issued to replace existing drains on a property where a new dwelling was being constructed.  The decision turns on the means of compliance stated in the building consent and the authority’s powers after the consent was issued.  The determination also discusses the Building Code obligations that apply in regards to drainage systems and the performance requirements and assessment of existing drains.

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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: