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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2023/031: Decision by an authority to grant a building consent and issue a code compliance certificate for a relocatable dwelling

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling. The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code. The main issues relate to the weathertightness and stability of the dwelling.

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2022/013: Authority’s refusal to grant a building consent for the construction of a dwelling

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers whether sufficient information was included in the building consent application.

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2021/012: Regarding alterations to install insulation in a skillion roof

This determination considers the compliance of a design to install insulation into a skillion roof and the authority's decisions to grant the building consent for that design and a code compliance certificate for the completed work. The determination considers whether the proposed building work would comply with Clause E3 Internal Moisture if the work was completed in accordance with the plans and specifications, and the performance of the building work as constructed with Clause E3.

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2021/008: Regarding the authority's decision to issue a code compliance certificate for a new dwelling

This determination considers whether an authority was correct to issue a code compliance certificate for a new dwelling. The determination considers whether the building is compliant, and whether the authority would have been aware of any non-compliance when issuing the code compliance certificate.

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2020/033: The refusal to issue a code compliance certificate for historical building work to construct an outbuilding

This determination concerns the authority's decision to refuse to issue a code compliance certificate for construction of an outbuilding that was later converted to a sleepout. The determination considers the compliance of the building work identified by the authority in its reasons for refusing to issue the code compliance certificate.

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.

2020/009: Regarding the compliance of a washing machine and an instantaneous water heater with the Building Code

This determination considers the compliance of a washing machine with Clause G13 Foul water of the Building Code. The determination also considers the compliance of an instantaneous water heater without a safe tray with Clauses E3 Internal water and G12 Water supplies.

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2019/048: Refusal to issue a certificate of acceptance for plumbing and drainage work associated with a shipping container used as a mortuary

This determination considers the authority’s refusal to issue a certificate of acceptance for plumbing and drainage work that was carried out without building consent.  The plumbing and drainage work was installed to convert the shipping container for use as a mortuary and connects to an existing foul water drainage system that services a dwelling on the property, which in turn connects to a septic tank and evapotranspiration bed. 

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2019/037: The refusal to issue a code compliance certificate for a 17-year-old house with a corrugated cellulose fibre cladding system

This determination considers an authority’s refusal to issue a code compliance certificate for a 17-year-old house principally due to concerns about its compliance with Clause E2 External moisture.  The building owners had commissioned an assessment of the building’s performance which the authority had declined to accept.

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2019/009: Regarding the compliance of proposed carpet flooring to a laundry in an attached garage

This determination considers the compliance of proposed carpet flooring to a laundry space within an attached garage. The authority refused to issue the building consent for the proposal because of concerns the use of carpet in a laundry does not prevent water from penetrating behind linings, and does not avoid the likelihood of fungal growth or the accumulation of contaminants.

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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: