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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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2017/054: Compliance of fibre-cement cladding installed to the building

This determination is concerned with the compliance of 13-year-old alterations to a building. The determination considers the authority’s reasons for requiring more information about the building’s compliance and whether the building work complies with the Building Code with regard to weathertightness and durability.

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2017/053: Refusal to issue a code compliance certificate for a 20-year-old house clad with rusticated fibre-cement weatherboards

This determination is concerned with the compliance of the building envelope to a 20-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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2017/052: Refusal to issue a certificate of acceptance for recladding a 22-year-old building

This determination considers two applications made for a certificate of acceptance for the recladding of an existing building: the work has been undertaken without a building consent having been issued. Both applications were declined by the authority. The determination considers the compliance of the work itself, the basis on which the work was done, and whether the authority was correct to decline the applications.

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2017/051: Refusal to issue a code compliance certificate for a 10-year-old house with brick veneer cladding

This determinatin considers the compliance of the building work, and whether there were reasonable grounds for the authority to issue a code compliance certificate. The determination also discussed inspections undertaken by the authority as a means of providing reasonable grounds on which to issue a code compliance certificate.

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2017/050: Refusal to issue a code compliance certificate for a 12-year-old house completed under the supervision of a building certifier

This determination considers the compliance of a 12-year-old house that had been built under the supervision of a building certifier, but where a code compliance certificate had not been issued. The authority had issued a certificate of acceptance for the work, but the current owners were seeking a code compliance certificate in its place. The determination considers which certificate was appropriate to issue in the circumstances.

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2017/049: Refusal to issue a code compliance certificate for 11-year-old alterations to a house with mixed cladding

This determination is concerned with the compliance of 11-year-old alterations to a house built in the 1960s. 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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2017/048: Decision to grant a building consent subject to notification under section 73 for building work on land subject to a natural hazard

This determination concerns the natural hazards provisions of the Act. The matter turned on whether the conditions under section 71(2) had been met and the consent could be issued without notification under section 73. Adequate provision had been made to protect the building work from the natural hazard (inundation) and the buliding work would not accelerate, worsen, or resulting in a natural hazard, but no provision had been made to protect the land.

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2017/047: Refusal to issue a code compliance certificate for a house with mixed claddings completed under supervision of a building certifier

This determination is concerned with the compliance of the building envelope to a 12-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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2017/046: Refusal to issue a code compliance certificate for a house with EIFS cladding completed under the supervision of a building certifier

This determination is concerned with the compliance of the building envelope to a 15-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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2017/045: Compliance of a barrier to a swimming pool

This determination considers the compliance of a number of features in a barrier to a swimming pool, including a bifold window that was installed as part of alteration for which a code compliance certificate has been issued.

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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: