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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1858 Determinations match your query
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2017/024: Conditions on a consent for independent construction monitoring and certification in regard to recladding of apartments

This determination considers whether there was sufficient information provided in the building consent application and available to the authority as part of its own inspections, without the independent construction monitoring and certificate for the cladding system, to allow the authority to be satisfied on reasonable grounds that the building work woudl comply with the relevant clauses of the Building Code if the building work was carried out in accordance with the plans and specifications.

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2017/023: Compliance of the substitution of automatic fire sprinkler systems for heat detectors in a basement carpark

This determination considers the compliance of a Type 6 automatic fire sprinkler system in a basement carpark with Clause C4.3. The determination discusses whether heat detection is required, or if the installed Type 6 automatic fire sprinkler system satisfies the Acceptable Solutions as heat detection. The determination discusses whether there are any significant differences between a sprinkler system and heat detectors that would affect life safety.

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2017/022: Refusal to grant a waiver of Clause C3.4(b) of the Building Code in respect of the use of an artificial turf floor surface lining

This determination considers the compliance of the artificial turf flooring with Clause C3.4(b) of the Building Code. The determination discusses the allowances within the Acceptable Solutions for non-compliant surface finishes, and whether there are reasonable grounds to issue a waiver of the building consent in respect of the artificial turf.

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2017/021: Decision to issue a code compliance certificate for a then 9-year-old house with earth brick walls

This determination is concerned with the durability of pressed earth brick external walls in a 19-year-old building and considers whether the authority was correct to issue the code compliance certificate.

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2017/020: Decision to issue a certificate of acceptance for building work

This determination considers completed remedial work to a house. The work was consented, but work that was intended to be done as an amendment to the consent was completed by the owner before the amendment was approved by the authority. The code compliance certificate issued by the authority excluded the amended work, which was regularised through the issue of a certificate of acceptance. The owner disputed the exclusion of the amended work from the code compliance certificate.

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2017/019: The number of personal hygiene facilities in a school building undergoing alterations

This determination considers whether the proposed alterations, with a reduced number of toilets, will comply with the Building Code to the extent required by section 112.  The determination discusses the tests under section 112(b) in regards to a reduction in the level of performance achieved in the existing building.

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2017/018: Refusal to issue a code compliance certificate for a 10-year-old house with plywood, stone veneer and horizontal weatherboards

This determination concerns the compliance of a 10-year-old house with plywood, stone veneer, and horizontal weatherboard cladding. This determination considers the authority’s reasons for refusing to issue the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2017/017: Compliance of a concrete ramp to a door threshold and the refusal to issue a code compliance certificate for a house

The determination is concerned with the compliance of the concrete ramp and ground clearances to the front entry to the Building Code. The determination considers whether the authority was correct in exercising its powers of decision in refusing to issue a code compliance certificate.

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2017/016: Decision to issue a building consent for repairs to a multi-storey building

This determination is concerned with the compliance of discrete repairs proposed to the top levels of a multi-storey building. The determination considers whether the authority was correct to issue a building consent for that work, and whether the replacement of a related deck membrane was exempt from requiring a building consent.

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2017/015: Grant of a building consent across two allotments

This determination considers the definition of an 'owner' for the purposes of section 75 and whether a section 75 certificate was required on the building consent. The determination discusses whether a building consent can be granted over two allotments to a leaseholder without requiring a section 75 certificate.

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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: