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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172 Determinations match your query
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2019/007: The refusal of a code compliance certificate for 18-year-old additions and alterations to a house

This determination considers an authority’s refusal to issue a code compliance certificate for 18-year-old additions and alterations to an existing house.  The cladding had been changed from what was consented and the changed cladding had also been applied to the remainder of the existing building.  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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2018/066: Authority’s decision to issue a code compliance certificate for alterations to a relocated house

This determination considers the issue of a code compliance certificate for alterations to a relocated house.  The determination discusses the compliance of the building work with the building consent and with relevant clauses of the Building Code

2018/060: Refusal to grant building consent for retrofitting polyisocyanurate insulation in a house

This determination considers the code-compliance of retrofitted rigid foam insulation board to insulate the walls of an existing house.  The determination considers whether the proposed insulation board will satisfy certain clauses of the Building Code to the extent required by the Building Act.

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2018/045: Classified use of a building let out as accommodation

This determination considers the classified use of a building under Clause A1. The determination also considers the interpretation of intended use, and what constitutes a single household.

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2018/044: Classified use of a main house, which is let out as accommodation

This determination considers the classified use of a building under Clause A1. The determination also considers the interpretation of intended use, and what constitutes a single household.

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2018/030: Compliance of Lawson Cypress posts to a portico roof

This determination considers the compliance of Cypress posts with Clause B2. The determination considers whether the authority was correct in its proposed refusal to issue the code compliance certificate.

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2018/022: Issue of a notice to fix in respect of the concrete foundations

This determination is concerned with the compliance of a concrete slab with Clause B1 Structure. The determination considers whether the authority was correct to issue a notice to fix in relation to the concrete slab.

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2018/020: Refusal to issue a code compliance certificate for a house with rammed-earth walls

This determination considers the compliance of the second stage of a house built with rammed-earth walls used as a structural element and as a cladding.  The determination considers the compliance of the as-built work, the on-going maintenance of the rammed-earth walls, and whether the authority was correct in declining to issue a code compliance certificate for the work.

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2018/014: Refusal of a code compliance certificate for alterations to a house

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

2018/011: Refusal to issue an amended building consent for building work

This determination concerns the substitution of aluminium windows that were detailed in an approved consent with imported timber windows.  The owner had sought a consent amendment for the substitution, but this had been refused by the authority.  The amendment had also been sought after the installation of the windows.  The determination considers whether the timber windows satisfy the Building Code, and whether the authority was correct to refuse the building consent amendment. 

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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: