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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2024/035: The purported refusal to grant a building consent for a skillion roof and whether it complies with E2.3.5 by way of E2/AS1

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

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2016/004: Regarding the weathertightness of some 19-year-old stucco plaster walls to a house

This determination considers the compliance of particular external walls of the house with respect to weathertightness and durability.  The walls are not under eaves that would provide shelter from the weather, and the joinery is not installed in accordance with the manufacturer’s instructions.

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2024/036: The proposed refusal to issue a code compliance certificate for a house

This determination concerns the authority’s proposed refusal of a code compliance certificate. The determination considers whether the building work complies with the building consent, and whether particular elements of the building work comply with the relevant clauses of the Building Code.

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2024/027: Compliance of head flashing stop ends extending past the cladding line as an alternative solution to E2

This determination is subject to appeal​.

The determination will consider whether the constructed head flashings to weatherboard claddings where the stop ends extend past the cladding line comply with E2.3.2 to prevent the penetration of water that could cause undue dampness and damage by way of an alternative solution. 

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2024/023: Regarding the refusal to grant a building consent for alterations to an existing dwelling

This determination considers the authority’s refusal to grant a building consent for alterations to an existing dwelling. The authority considered that the building consent could not be granted for a range of reasons, including a lack of documentation, construction details, and conflicting information in the plans. This determination considers the reasons for refusal set out by the authority in its letter.

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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: