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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2025/023: Regarding the issue of three code compliance certificates and compliance of items of building work

This determination considers the issue of three separate code compliance certificates, related to three different building consents, for building work to make various alterations and additions to an existing detached dwelling. All three building consents were issued under the Building Act 1991.

This determination considers if the building work complies with the Building Code that applied at the time the building consents were granted.

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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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2020/006: Regarding the decision to grant a building consent for alterations to a house

This determination considers whether the authority was correct to grant a building consent where the submitted plans were inaccurate. The determination also considers the role of the authority in keeping building related records.

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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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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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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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2016/020: The refusal to issue a code compliance certificate for an 8-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate for a house; the authority’s concerns were chiefly to do with the weathertightness and durability of the exterior envelope. The determination discusses the authority’s reasons for the refusal, and whether there was sufficient evidence of compliance in order to issue a code compliance certificate.

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2024/048: Regarding an authority’s decision to grant a building consent

This determination considers an authority’s decision to grant a building consent regarding building work associated with the relocation of an existing dwelling. The authority believes it granted the building consent in error, and that decision should be reversed, due to concerns that have subsequently arisen with the designs for the onsite surface water and foul water disposal systems.

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2024/016: The issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures

This determination considers the issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures. The determination considers whether the building work was exempt from the requirement to obtain a building consent under Schedule 1, and whether adequate particulars were set out in the notice to fix (in regards to both section 40 and section 17). It also discusses several issues relating to the notice to fix framework.

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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: