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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2019/009: Regarding the compliance of proposed carpet flooring to a laundry in an attached garage

This determination considers the compliance of proposed carpet flooring to a laundry space within an attached garage. The authority refused to issue the building consent for the proposal because of concerns the use of carpet in a laundry does not prevent water from penetrating behind linings, and does not avoid the likelihood of fungal growth or the accumulation of contaminants.

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2019/002: Regarding the issue of a notice to fix for a house with foam insulation

This determination considers the compliance of foam insulation installed to the walls and the underside of a roof in a house that has a low to moderate weathertightness risk. 

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2025/027: The refusal to grant an amendment to a building consent to include external wall claddings terminating in channel drains.

This determination relates to the authority’s decision to refuse to grant an amendment to a building consent proposing to include parts of the wall claddings terminating within channel drains at the base of the external walls.

The determination considers Building Code compliance pathways and whether the plans and specifications included sufficient evidence to establish compliance with Building Code clauses B2 Durability and E2 External moisture.

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2018/046: Refusal to issue a code compliance certificate for alterations to a 16-year-old building

This determination considers the compliance of consented alterations carried out on an existing building for which an earlier code compliance certificate also had not been issued and where a significant portion of the existing building remained unaltered. The determination considers the authority’s reasons for declining the code compliance certificate for the work, and the provisions of section 115 (change of use) in relation to the work.

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2025/022: The decision to purportedly refuse to issue a code compliance certificate for a detached dwelling and garage

This determination considers the authority’s decision to refuse to issue a code compliance certificate for a detached dwelling and garage in relation to the compliance with clauses B2 and E2 of the cladding and timber framing, and the compliance of a channel drain with clause E2.

The determination considers whether the reasons for refusal were sufficiently detailed. 

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2025/016: The issue of a code compliance certificate for a dwelling in respect of compliance with clause G3 and clause E2

This determination considers an authority’s decision to issue a code compliance certificate for construction of a dwelling.

The determination considers the entry of vermin to external elements of the construction, and whether particular elements comply with Building Code clause G3 Food Preparation and prevention of contamination and E2 External moisture.

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2018/039: Code compliance of a walk-in shower to an ensuite in a 5-year-old house

This determination considers the compliance of a wall to floor junction in a shower with Clauses E3 Internal moisture and B2 Durability of the Building Code.

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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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2018/009: Refusal to issue a code compliance certificate in respect of remedial work to decks

This determination considers the compliance of the remedial work carried out to eight decks. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2024/051: Compliance of roof cladding on a house with clause E2 External moisture

This determination considers whether a roof cladding system as installed on a house complies with Building Code Clause E2 External moisture.

Specifically, the determination considers how the perimeter edges of the profile metal cladding have been finished where it overhangs the gutters, along with the associated eaves flashing.

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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: