Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.

Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.

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2015/040: Regarding the refusal to issue a code compliance certificate for a 19 year-old house and 11 year-old alterations with stucco wall cladding

Discussed whether the external building envelop complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code in force at the time consents were issued (under transitional provisions of the current Act section 436(3)(b)(i)).

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2015/032: Refusal to issue a building consent for remedial work to improve weathertightness issues to a house with a code compliance certificate

This determination covered technical issues about a proprietary system provider’s methodologies and technologies relating to liquid and foaming injection timber treatment systems used to slow the rate of decay. Discussed whether timber treatment process is building work, and whether targeted treatment can be exempt from building consent under Schedule 1 of the Act as maintenance. Discussed impacts on bracing capacity, air volatility, and the use of drying skirts. Also mentioned the provision of new plans as opposed to copied plans.

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2017/076: Refusal of code-compliance for house with monolithic cladding

This determination is concerned with the compliance of an 18-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2017/072: Compliance of the ventilation system and the installation of kitchen appliances to a café kitchen

This determination is about matters associated with the fitout of a café kitchen located on the ground floor of a three-storey building.  The determination considers the installation and compliance of solid fuel cooking appliances installed in the café kitchen as part of the consented work, and the compliance of the ventilation system to the kitchen.

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2016/026: Determination regarding the compliance of a vapour barrier to a proposed pool house

This determination is concerned with the design of a proposed pool building that is an outbuilding to a dwelling. The determination considers what Building Code clauses apply to pool building, and whether the information provided with the application for building consent demonstrates that the proposed work will comply with the requirements of the Building Code.

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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: