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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2018/021: Refusal to issue a building consent for a house with membrane roof

This determination considers the compliance of low-pitched membrane roofs to a proposed three storey house.  The roofs are inward-sloping and employ slopes less than provided for in the Acceptable Solution for Clause E2 External moisture.

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2018/012: Refusal to issue two code compliance certificates for alterations and additions to a house

This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents.  The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.

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2018/009: Refusal to issue a code compliance certificate in respect of remedial work to decks

This determination considers the compliance of the remedial work carried out to eight decks. 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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2018/004: Refusal to issue a code compliance certificate for an 11-year-old house with monolithic cladding

This determination is concerned with the compliance of an 11-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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2017/075: Code-compliance of decks to a house

This determination considers the compliance of a deck to wall junction with minimal or no gap. The determination discusses the weathertightness risk and whether the cladding is likely to be subject to solar-driven moisture from the deck, and the variation from the building consent.

 

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2017/068: Amendment to a building consent for an apartment building with tiled decks

This determination considers the authority's refusal to grant an amendment to a building consent for remediation of tiled decks. The matter turns on whether the acoustic mat as part of the proposed tiling system will comply with Clauses G6 and B2.

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2017/057: Refusal to issue a code compliance certificate for a 20-year-old house with EIFS wall cladding

This determination is concerned with the compliance of 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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2017/056: Refusal to issue a code compliance certificate for a repaired 14-year-old house with masonry veneer cladding

This determination is concerned with the compliance of a 14-year-old house that had undergone repair works. 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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2017/053: 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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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: