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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2021/026: Regarding the compliance of a barrier to a small heated pool

This determination considers, whether the barrier to restrict access by unsupervised young children to a small heated pool, complies with section 162C of the Building Act. This determination discusses the compliance obligations and considers whether a waiver or modification of the means of restricting access to the spa pool can be granted.

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2021/025: Regarding compliance of timber shiplap weatherboards, coated with black paint, installed on a dwelling

This determination considers whether pine vertical timber shiplap weatherboards, painted black, comply with the Building Code Clause B2 Durability, as it relates to Clause E2 External Moisture. The determination considers a number of factors that contribute to Building Code compliance.

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2021/024: Regarding the compliance of a proposed pool barrier incorporating an existing boundary fence

This determination considers the compliance of an existing boundary fence forming part of a proposed pool barrier, with Building Code Clause F9 Means of restricting access to residential pools. The determination discusses whether compliance with Clause F9 can be achieved by way of an alternative solution.

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2021/020: Regarding the refusal to issue a code compliance certificate for 23-year old alterations to a residential dwelling

This determination considers whether an authority was correct to refuse to issue a code compliance certificate for a building consent granted in 1998 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E1 Surface Water, and E2 External Moisture that applied in 1998.

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2021/019: Regarding the compliance of a swimming pool barrier that incorporates an existing balcony balustrade

This determination considers the compliance of a pool barrier that incorporates a balcony balustrade. In determining whether the barrier achieves the compliance with Clause F9 Means of Restricting Access to Residential pools of the Building Code, the determination assesses the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.

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2021/018: Regarding the compliance of a pool with Building Code Clause F4 Safety from falling

This determination considers the compliance of a particular aspect of a pool with respect to Building Code Clause F4 Safety from falling. The determination also considers whether the authority was correct to refuse to issue a code compliance certificate for the work and whether a waiver or modification of Clause F4.3.1 should be granted.

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2021/017: Regarding the issue of a code compliance certificate for the installation of a solid fuel burning appliance

This determination considers the authority's decision to issue a code compliance certificate for a woodburner.

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2021/015: Regarding the compliance of an existing pool barrier

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 an existing pool barrier that incorporates a number of sliding wall panels and for which a code compliance certificate had previously been issued. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building...

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2021/014: Regarding compliance with the Building Act of an existing pool barrier

Note: This determination is subject to appeal.

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 an existing pool barrier that incorporates brick columns and walls and sections of metal fencing, and hedges. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building...

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2021/012: Regarding alterations to install insulation in a skillion roof

This determination considers the compliance of a design to install insulation into a skillion roof and the authority's decisions to grant the building consent for that design and a code compliance certificate for the completed work. The determination considers whether the proposed building work would comply with Clause E3 Internal Moisture if the work was completed in accordance with the plans and specifications, and the performance of the building work as constructed with Clause E3.

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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: