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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2024/058: An authority’s decisions to issue a building consent and code compliance certificate for a dwelling and compliance with B1

This determination considers an authority’s decisions to grant a building consent and issue a code compliance certificate for construction of a dwelling.

The determination turns on whether the design and construction of the timber pile foundations comply with Building Code Clause B1 Structure.

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2024/050: Regarding compliance with the Building Code and the issue of a code compliance certificate for building work associated with a new dwelling

This determination considers the decision to issue a code compliance certificate for a building consent to construct a dwelling.

The determination also considers compliance with the Building Code of a deck, surface water drainage system in the vicinity of that deck and the foundation walls with Clauses B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture.

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2024/043: Regarding the purported refusal of a building consent.

This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.

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2017/068: Amendment to a building consent for an apartment building with tiled decks

This determination considers the authority's refusal to grant an amendment to a building consent for remediation of tiled decks. The matter turns on whether the acoustic mat as part of the proposed tiling system will comply with Clauses G6 and B2.

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2017/053: Refusal to issue a code compliance certificate for a 20-year-old house clad with rusticated fibre-cement weatherboards

This determination is concerned with the compliance of the building envelope to 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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2017/052: Refusal to issue a certificate of acceptance for recladding a 22-year-old building

This determination considers two applications made for a certificate of acceptance for the recladding of an existing building: the work has been undertaken without a building consent having been issued. Both applications were declined by the authority. The determination considers the compliance of the work itself, the basis on which the work was done, and whether the authority was correct to decline the applications.

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2017/049: Refusal to issue a code compliance certificate for 11-year-old alterations to a house with mixed cladding

This determination is concerned with the compliance of 11-year-old alterations to a house built in the 1960s. 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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2019/029: Regarding the compliance of a retaining wall and associated sitework with Clause B1 Structure

This determination is concerned with the compliance of a timber retaining wall with Building Code Clause B1 Structure. The determination considers whether the wall once completed will comply with Building Code Clause B1 Structure, and whether the authority was correct not to issue a notice to fix in relation to the retaining wall.

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2019/027: Regarding building work compliance with Clause E1 Surface water and grant of a building consent and code compliance certificate

This determination concerns sitework carried out by the applicant’s neighbour and whether this is likely to cause damage or nuisance to the applicant’s property in breach of Clause E1 Surface water.  The determination also considers whether the authority was correct to grant a building consent and a code compliance certificate for this work.

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2019/022: Regarding the decision to issue a code compliance certificate in respect of surface water drains to a house

This determination considers the compliance of an as-built surface water drainage system to a new house.  The system as consented did not provide a compliant solution and the work as installed is not considered to be compliant by the building owner.

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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: