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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2024/006: The refusal to issue a certificate of acceptance for building work associated with a dwelling

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.

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2023/007: Regarding the authority’s decision to refuse to grant a building consent for alterations to an existing building

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers the
authority’s reasons for refusal and whether sufficient information was included in the
building consent application for the authority to be satisfied that the provisions of the
Building Code would be met if the building work were properly completed in accordance
with the plans and specifications that accompanied the application.

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2018/061: Installation of a replacement wood burner and wetback where a new tempering valve was also installed

This determination considers the installation of a tempering valve to an existing hot water system in a house that was being altered: the alteration involved the replacement of both a wood burner and wetback water heater.  A tempering valve was installed as part of the alteration and the determination considers the compliance of the existing hot water system to the extent required by section 112 of the Act.

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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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2016/031: Issuing of a code compliance certificate in respect of thermal insulation to a hot water cylinder and hot water pipework to a house

This determination considers the requirements under Clause H1.3.4 in regards to insulation of a TPR valve and a length of hot water pipework, and Clause G9 in regards to the location of an electrical cable in a duct with the water supply pipework. The determination discusses the application of the relevant Acceptable Solutions and associated Standards as a means of establishing compliance.

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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: