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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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2016/050: Regarding whether proposed alterations to a three-level office building require a lift to satisfy requirements for persons with disabilities

This determination considers whether a lift is required to a three-level office building as part of alterations to the existing building. The determination discusses the requirements of section 118, the effect of unit titles, the performance requirements of Clause D1, and whether there is sufficient information on which to conclude that compliance to the extent required by section 112 is achieved in that it would not be reasonably practicable to install a lift.

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2016/049: Regarding the refusal to issue code compliance certificates for an 18 to 20-year-old house with monolithic cladding

This determination is concerned with the compliance of a 20-year-old 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.

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2016/048: Section 112 requirements to remediate the fire separation between units in an apartment complex, and compliance of the proposed solution

This determination concerns construction defects that were exposed during building work undertaken to remediate weathertightness issues. The determination considers the code-compliance of the use of intumescent sealant without plasterboard patches for penetrations in intertenancy walls, and discusses the application of section 112 of the Act in respect of the defects in existing construction including those not exposed as part of the proposed building work.

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2016/047: Regarding the refusal to issue code compliance certificates for an 18-year-old house with a 14-year-old extension

This determination is concerned with the compliance of the 18-year-old house and 14-year-old extension. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2016/046: The refusal to grant an amendment to a building consent for the use of imported composite slate roofing tiles on a house

This determination concerns the substitution of a concrete tiled roof to a house with composite slate tiles where the substitution was the subject of an amendment to the consent. The determination considers the amendment and whether the authority was correct to refuse it. The determination also considers the compliance of the slate tiles as installed.

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2016/45: Regarding whether a safety net will satisfy Clause F4 Safety from falling, to a timber walkway along the shoreline

This determination considers a raised pedestrian walkway located adjacent a harbour, and the compliance of a horizontal safety net proposed by the authority as a means of satisfying Clause F4 Safety from falling.

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2016/044: Regarding the code-compliance of pool barriers to a swimming pool and including a pool room

This determination discusses the Building Code obligations in Clause F4 for a proposed pool barrier that would include a pool room. The determination considers the area enclosed by the proposed barrier in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4(f).

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2016/043: Regarding the compliance of weatherboards as installed to a house

This determination arises from a dispute regarding the installation of cedar weatherboards in a manner that is not in accordance with the building consent or with the manufacturer’s instructions. The determination considers whether the weatherboards as installed comply with Clauses E2 and B2 of the Building Code.

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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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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: