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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2025/040: An authority’s purported decision to refuse to grant a building consent in respect of a bamboo cladding system and accompanying appraisal.

This determination considers an authority’s purported decision to refuse to grant a building consent for a new dwelling with a proposed bamboo cladding system.

The reasons for the purported refusal come from the authority’s requests for further information and correspondence and relate to a BEAL appraisal certificate provided in respect of the bamboo cladding system.  

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2025/035: Compliance of horizontal rusticated weatherboard wall cladding as-built with double-nail fixings with Clauses B2 and E2

This determination considers compliance with Building Code Clauses B2 Durability and E2 External Moisture of horizontal rusticated cedar weatherboard wall cladding in respect of the as-built double-nail fixing pattern of the weatherboards.

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2025/033: An authority’s decision to issue a notice to fix for the construction of roof flashings and external wall cladding

This determination considers an authority’s decision to issue a notice to fix regarding building work carried to construct ‘roof flashings and wall cladding systems’ at a new two-storey detached dwelling.

The determination considers the form and content of the notice to fix including the specified persons to whom it was issued, the particulars of contravention or non-compliance, and the associated remedy.

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2025/031: The authority’s decision to refuse to grant a building consent for building work to a relocated dwelling.

This determination examines an authority’s decision to refuse to grant an application for a building consent for building work in relation to relocating and altering an existing dwelling under section 50.

The determination evaluates whether the authority’s reasons for refusing to grant the building consent were specific, clear and valid, particularly concerning the natural hazard provisions of the Act, and Clauses B1 Structure, E1 Surface Water and G13 Foul Water.

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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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2025/023: Regarding the issue of three code compliance certificates and compliance of items of building work

This determination considers the issue of three separate code compliance certificates, related to three different building consents, for building work to make various alterations and additions to an existing detached dwelling. All three building consents were issued under the Building Act 1991.

This determination considers if the building work complies with the Building Code that applied at the time the building consents were granted.

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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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2024/069: Regarding the compliance of building work with Building Code Clause E1 Surface water.

This determination considers whether the building work carried out at 189 Tanners Point Road relating to surface water collection and disposal complies with clause E1.3.1 as it relates to the protection of ‘other property’.

This turns on whether surface water collected or concentrated by buildings or sitework at 189 Tanners Point Road avoids the likelihood of damage or nuisance to 195 Tanners Point Road.

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2024/061: Regarding a proposed notice to fix for the construction of a cable car building, two sets of stairways, and a toilet and shower building

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

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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: