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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2015/059: Regarding the building importance level of two proposed buildings at a hospital

This determination discusses the application of importance levels in the seismic loading standard AS/NZS 1170 for two new hospital buildings as a means of compliance with B1/VM1 in relation to Clause B1 of the Building Code.

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2015/058: Regarding the refusal to issue a building consent for a proposed apartment block with a single means of escape in a retirement complex

This determination discusses the compliance of a proposed block of apartments in a retirement village with respect to the limit provided for the numbers of people with disabilities likely to be present on any given floor when using the Acceptable Solution C/AS2. The determination sets out a method of calculating the numbers of people with disabilities for a known population by age.

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2015/057: Regarding the refusal to issue a building consent for stage one of remediation to an apartment complex

This determination discusses the code compliance of proposed wall and roof repairs in respect of interstitial condensation. The analysis took into account the expected occupancy of the units and factors affecting ventilation, the site and location, the past history of damage to the buildings, and the provisions proposed for reducing the risk of condensation.

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2015/056: Regarding the compliance of asphalt roof shingles to roofs where the rainwater is harvested and used as potable water

This determination discusses the approaches used in two different test methodologies for products that are used in contact with drinking-water. The determination considered whether there is evidence currently available that would indicate whether asphalt shingles used as part of a rainwater harvesting system will leach contaminants or particulates to an extent that would make the collected water unsuitable for human consumption (non-potable).

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2015/055: Regarding the code compliance of building work in a new house

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work, and whether the building work as constructed complies with the Building Code.

2015/054: Rearding the refusal to issue a code compliance certificate for a 21 year-old house

This determination discusses the code compliance of a 21 year-old house set in a rural location. The determination also considers building elements that have satisfied their required durability requirements under Clause B2 and the maintenance of such items.

2015/053: The refusal to issue a building consent for barriers to a swimming pool

This determination discusses the Building Code obligations in Clause F4.3.5 for a proposed dwelling forming part of a pool barrier. The determination also considers the area enclosed by the proposed building work and an existing pool fence in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4

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2015/052: Regarding the compliance of proposed building work in respect of land stability and surface water in relation to an adjacent other property

This determination discusses the Building Code obligations in Clauses B1.3.6(b) and E1.3.1 for the proposed building work in respect of the likelihood of damage to an adjacent property. The concerns raised were the effect of any additional load in relation to an underground water system, spring, or puna and an adjacent Māori reservation.

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2015/051: Regarding the issue of a building consent for a 1 year-old house

This determination discusses the approach to be taken in assessing documentation provided in support of a building consent application, and whether the documentation provided in this instance was adequate in terms of the decision to grant consent. The determination also addresses amendments to the consent and the compliance achieved.

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2015/050: Regarding the refusal to issue a code compliance certificate for a 19 year-old house with a 14 year-old addition

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age and its history.

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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: