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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2020/023: The refusal to issue a code compliance certificate for building work

This determination considers the authority's decision to refuse to issue a code compliance certificate for a new dwelling because it was not satisfied that the completed work complied with the Building Code. The compliance decision rested on the authority's view it was unable to accept producer statements from an engineer who had inspected the completed work; the statements are in respect of the verification of the ground bearing and the completion of a surface water soakage trench.

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2020/022: Regarding the compliance of the foundations to a new dwelling with Building Code Clause B1 with respect to the protection of other property

This determination considers the stability of an existing slope after a dwelling was built along the top edge of the slope. The application for determination was sought by an owner of a property down-hill of the slope who considered the slope was unstable because the house had been built on fill material.

The determination considers whether the foundations to the dwelling comply with Clause B1 Structure with respect to the provisions that apply to the protection of other property.

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2020/021: Regarding the refusal to issue a code compliance certificate for the replacement of waterproofing membranes and tiles to concrete decks

This determination considers whether the changes to a decking system to an existing building in a retirement village constitute a minor variation to the building consent issued for remedial work to the building. The determination considers whether the as-built decking system is compliant and examines the variation against the guidance issued by the Ministry on minor variations.

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2020/015: Regarding the refusal to issue a code compliance certificate for building work on a relocated house

This determination considers the authority's refusal to issue a code compliance certificate due to building work to strengthen the existing roof of the house. The determination considers the as-built compliance of the building with Building Code Clause B1 Structure.

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2020/014: Regarding the authority's refusal to grant an amendment to a building consent

This determination considers the authority's refusal to issue a building consent for a revised timber remediation methodology and window joinery flashing system. The determination considers whether sufficient information was provided to the authority during the building consenting process.

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2020/013: Regarding the refusal to issue a certificate of acceptance

This determination considers an authority's refusal to issue a certificate of acceptance for internal work to construct two rooms inside a pole shed. The determination discusses the scope of the work covered by the application for a certificate of acceptance and the reasons given for the refusal.

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2020/011: Regarding the refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions

This determination considers an authority’s refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions principally for reasons to do with the performance of the building envelope. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code requirements in force when the building consent was issued.

2020/007: Regarding the compliance of sub-floor fixings to the foundations of a house

This determination considers whether some of the fixings in the subfloor framing to a house meet Building Code Clause B1 Structure. The house was built under a building consent in respect of work described in a national multiple-use approval issued under section 30F of the Act. The matters in dispute arise from the on-site substitution of galvanised rolled steel bearers that have a different profile to that described in the building consent, and the location of bolt fixings that connect the steel bearers to the timber piles.

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2020/005: Regarding the refusal to issue a code compliance certificate for a 22-year-old house

This determination considers the reasons given by a building consent authority to issue a code compliance certificate for a 22-year-old house. The reasons for the refusal included the lack of energy works certificates for electrical and gas services. The house was the subject of significant consented alterations that are now 12 years old, and for which a code compliance certificate was issued.

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2020/002: Regarding the consented alterations to the walls and roof of a house and its compliance with Building Code Clause B1

This determination considers whether alterations to the walls and roof of a house comply with Building Code Clauses B1 Structure, E2 External moisture and F7 Warning systems. The determination also considers whether changes to the consented building work can be considered a minor variation to the building consent, and the issue of the code compliance certificate for the alterations.

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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: