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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2019/038: Regarding the compliance of a 23-year-old pool fence

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of a trellis fence with the provisions of the Building Act that require the restriction of access by unsupervised young children to the swimming pool or immediate pool area.  The trellis has gaps up to 45mm high x 40mm wide and...

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2019/020: The refusal to issue a code compliance certificate for a 16-year-old house with monolithic cladding

This determination considers an authority’s refusal to issue a code compliance certificate for a 16-year-old house principally for reasons to do with the performance of the building envelope. 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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2018/034: Refusal of a code compliance certificate for an addition

This determination considers the authority's refusal to issue the code compliance certificate for a substantial addition to an existing studio building. The refusal arose from matters related to Building Code Clauses D1, E2, E3, and F4, but the principle issue was an ongoing dispute about the water from neighbouring properties and a small drain that has been installed to divert some of this water. The determination considers whether the drain formed part of the consented work or not.

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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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2017/063: Whether a barrier is required for a retaining wall to a residential property

This determination considers whether a barrier is required to a retaining wall in order to comply with Clause F4 safety from falling, and the authority's intention to issue a notice to fix. The determination also discusses whether building work completed after the code compliance certificate was issued required building consent or whether it was exempt.

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2017/033: Refusal to issue a code compliance certificate for a 13 year old monolithic clad dwelling

This determination concerns the compliance of a 13 year old house with monolithic cladding. 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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2017/016: Decision to issue a building consent for repairs to a multi-storey building

This determination is concerned with the compliance of discrete repairs proposed to the top levels of a multi-storey building. The determination considers whether the authority was correct to issue a building consent for that work, and whether the replacement of a related deck membrane was exempt from requiring a building consent.

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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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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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2024/070: Regarding a decision to refuse to issue a code compliance certificate in relation to a hedge and safety from falling.

This determination looks at building work to construct two retaining walls in conjunction with the construction of a dwelling.

The matter being determined is the authority’s purported decision to refuse to issue a code compliance certificate in relation to the falls related to the retaining walls and compliance with Building Code Clause F4 – Safety from falling.

The determination considers whether the falls related to the retaining walls are relevant to the purported refusal and whether the current hedge meets the requirements of clause F4.

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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: