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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2016/030: Regarding the authority's requirement for a named timber remediation expert in relation to a building consent for the recladding of a house

This determination considers the authority's exercise of its powers in respect of conditions on a building consent for the partial recladding of a house relating to the possibility of timber framing requiring remediation.

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2016/018: Regarding the issue of a notice to fix for a two-cell earthship building

This determination considers whether a two-celled rammed earth building constructed without consent was exempt under Schedule 1 and whether the authority was correct to issue a notice to fix. The determination discusses the remedies provided for in the notice, and discusses issues relating to an application for a certificate of acceptance.

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2016/017: Regarding the issuing of a code compliance certificate for a house

This determination was sought by the building consent authority to reverse a code compliance certificate in order to address an administrative error. The authority had incorrectly issued the code compliance certificate specifically excluding an element of building work that had been approved in the building consent.

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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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2015/085:Regarding the authority’s exercise of its powers of decision in relation to a building consent application for an earthquake-prone building

This determination considers the authority’s decision to refuse to issue a building consent for alterations to an existing earthquake-prone building.  The alterations were for an internal fitout on the ground floor of the three-storey commercial building.  The determination considers the authority’s policy on earthquake-prone buildings in relation to the proposed work, and some matters in relation to the policy itself.  Detailed discussion on the policy will follow in a further determination. 

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2024/009: Regarding the issue of a code compliance certificate for a detached dwelling and outbuilding

This determination was sought by the building consent authority to reverse a code
compliance certificate that was issued in error. The code compliance certificate
includes building work that had not been constructed.

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2023/043: An authority’s decision to grant a minor variation to a building consent for a change to external wall cladding

This determination considers an authority's decision to grant a minor variation to a building consent regarding the substitution of external wall cladding products. The determination considers the criteria for granting a minor variation, whether the building consent is required to reflect the change in the external wall cladding, and if a new or amended certificate of design work is required

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2023/036: The issuing of a certificate of acceptance for building work in the roof space of a house

This determination considers an authority’s decision to issue a certificate of acceptance for building work in the roof space of a house. The determination considers whether building consent was required for the building work, as well as how the provisions relating to certificates of acceptance apply.

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2023/018: An authority’s refusal to issue a code compliance certificate for a 27-year-old house

This determination considers an authority’s refusal to issue a code compliance certificate for a 27-year-old house, because of the authority’s concerns about cracks in the cladding and a lack of inspections at the time of construction. The determination considers the requirement to specify reasons for refusal, and the authority’s reasons for refusal in this case.

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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: