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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2017/013: Refusal to issue a code compliance certificate for 11-year-old additions and alterations to a house

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 house complies with the requirements of the Building Code.

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2025/022: The decision to purportedly refuse to issue a code compliance certificate for a detached dwelling and garage

This determination considers the authority’s decision to refuse to issue a code compliance certificate for a detached dwelling and garage in relation to the compliance with clauses B2 and E2 of the cladding and timber framing, and the compliance of a channel drain with clause E2.

The determination considers whether the reasons for refusal were sufficiently detailed. 

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2016/061: Regarding aluminium window and door joinery installed to a house

This determination considers the compliance of an alternative solution using imported window and door joinery and the associated fixing and installation. The determination discusses the available technical information and the use of proposed testing to support the building consent amendment application.

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2025/015: Refusal to issue a code compliance certificate for a 27-year old house due to concerns around compliance with BC clauses B2 and E2

The authority has refused to issue a code compliance certificate for building work carried out pursuant to building consent because it is not satisfied that the cladding system that formed part of the building work complied with clauses B2 and E2 of the Building Code at the time it was constructed.

The authority’s formal refusal letter, when read together with an accompanying email referring to the reasons for refusal, had provided sufficient reasons for refusing to issue the code compliance certificate. 

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2016/059: Regarding the compliance of uPVC window and door joinery installed to a house

This determination considers the compliance of a substituted uPVC joinery product that is the subject of an application to amend a building consent. The determination discusses the evidence base and consequences of failure.

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2016/055: Regarding the refusal to issue a code compliance certificate for a 14-year-old house with EIFS cladding

This determination concerns the compliance of a 14-year-old house with EIF cladding. This 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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2016/052: Regarding the compliance of a relief drain from the safety valve to a hot water cylinder in a three-year-old house

This determination considers the compliance of a PVC foul water drainage system to a house where the TPR valve from a hot water cylinder drained into the foul water system.  The hot water cylinder was connected to a solid fuel wetback and a solar water heater as uncontrolled heating sources.

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2016/051: Regarding the refusal to issue a code compliance certificate for a 6-year-old house

This determination is concerned with the compliance of a 6-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the information provided in a building surveyor's report was adequate to establish that the building work complies with the requirements of the Building Code.

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2016/038: Regarding the code compliance of weatherboards to a partly constructed house

This determination considers the compliance of Western Red Cedar weatherboards as installed with respect to weathertightness and durability.  The key issues involved are the departure from the manufacturer’s specifications in regards to the use of galvanised steel holding brads and the placement of the fixings.

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2016/025: Regarding the durability of New Zealand grown European Oak timber for use in a new dwelling

This determination discusses the compliance with Clause B2.3.1 of European oak grown in New Zealand and used as structural framing members.

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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: