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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2018/056: Refusal to grant a building consent for proposed earthquake repairs to two residential buildings

This determination considers two houses damaged in the Canterbury earthquake sequence and whether the information provided in support of the building consent for the repair of the buildings was sufficient for the authority to be able to grant the consent.  

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2018/055: Compliance of a warehouse fitout with the fire safety requirements of the Building Code

This determination considers the compliance of a warehouse fitout, comprising a storage racking system and a mezzanine floor, with the fire safety requirements of the Building Code. The determination considers whether the fitout was part of the original building as it was intended to be built, or whether it can be considered an alteration to an existing building.

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2018/054: Notice to fix issued in 2009 for a then 10-year-old house with monolithic cladding (to be read in conjunction with Determination 2008/118)

This determination considers the authority’s exercise of its powers of decision in relation to a notice to fix issued for a house with monolithic cladding.  The determination discusses the relevant standards at the time of construction and whether the notice to fix should have required replacement of the untreated timber framing used with treated timber.

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2018/053: Compliance of an aluminium and glass barrier with Building Code Clause F4 Safety from falling

This determination considers the performance of a proprietary aluminium barrier installed on a timber-framed veranda in an existing house.  The determination considers the performance of the barrier in respect of its strength, and the authority’s decision to refuse to issue a code compliance certificate in respect of the work.

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2018/052: Whether an automatic pool cover complies with Building Code Clause F9

This determination considers whether the use of an automatic pool cover will comply with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination discusses waivers and modifications, and the provision for automatic pool covers for small heated pools.

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2018/051: Refusal to issue a code compliance certificate for a 9-year-old house with mixed claddings

This determination considers the compliance of a consented building where there was delay in completing the consented work.  The determination considers the authority’s reasons for declining to issue the code compliance certificate for the work; the authority’s reasons were principally concerned with the building’s compliance with Building Code Clause E2 — External moisture.

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2018/050: Notice to fix issued for the change of use of a house

This determination considers whether the building has undergone a change of use and the exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use. The determination considers the use category and whether compliance requirements in the new use are additional or more onerouse than the requirements related to the old use.

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2018/049: Issue of a code compliance certificate for three buildings

This determination considers the decision of the authority to issue a code compliance certificate for three buildings when one building had not been constructed. The determination discusses the authority’s ability to reverse the code compliance certificate.

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2018/048: Refusal to issue a building consent for alterations of an existing building

This determination considers fire spread across a boundary in relation to an existing commercial building that is being altered. The determination considers how distance is measured to the relevant boundary for the purposes of considering fire spread to other property in order to satisfy the requirements of Building Code Clause C3—Fire affecting areas beyond the fire source.

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2018/047: Code compliance of barriers to a pool

This determination considers whether the barriers to a small heated pool comply with Clause F9 – Means of restricting access to residential pools. The determination also discusses the waiver and modification provisions within the Building Act.

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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: