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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2019/049: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding

This determination considers an authority’s refusal to issue a code compliance certificate for a 20-year-old house principally due to concerns about its compliance with Building Code Clause E2 External moisture. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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2019/047: Regarding the issue of a notice to fix for the relocation of two buildings

This determination considers a building consent authority’s exercise of its power of decision in issuing a notice to fix for the relocation of two buildings and the installation of a wastewater system.  The determination discusses the contraventions for which the notice was issued, who the notice was issued to, and how the provisions of the Building Act apply when a building is relocated.

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2023/031: Decision by an authority to grant a building consent and issue a code compliance certificate for a relocatable dwelling

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling. The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code. The main issues relate to the weathertightness and stability of the dwelling.

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2023/030: The issue of a building consent, specifically in regard to three cladding details

This determination considers a building consent for the construction of a dwelling. The matter concerns the details for fixing infill panels that were proposed to be installed above and below windows, and above a garage door and entrance. The determination considers whether those details, as documented in the consent application, would comply with clause E2 External Moisture and B1 Structure, if the building work was constructed in accordance with the building consent.

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2019/033: Regarding the refusal to issue a code compliance certificate for a 22-year old house

This determination considers the authority’s refusal to issue a code compliance certificate where the building work was carried out without required inspections.  The determination considers the compliance of three areas identified by the authority in its refusal.

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2023/015: Decision to issue a code compliance certificate for the construction of the foundation and floor slab of a vehicle storage shed

This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies with the building consent and Building Code, taking into account all the information now available.

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2023/012: Regarding the decision to issue a code compliance certificate for alterations to an existing residential dwelling

This determination considers the decision by an authority to issue a code compliance certificate for building work undertaken to alter an existing detached residential dwelling. The determination will consider the compliance of specific elements of the building work against the requirements of a building consent and the Building Code, taking into account all the information now available.

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2023/006: Regarding the compliance of a bracing design for a single-storey dwelling

This determination considers whether the bracing design for two external walls of a
single-storey timber-framed dwelling complied with the Building Code. In deciding this
matter, I have considered whether the bracing design complied with the means of
compliance stated in the building consent application, which was New Zealand
Standard NZS 3604:2011 Timber-framed buildings.

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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: