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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2023/012: Regarding the decision to issue a code compliance certificate for alterations to an existing residential dwelling

This determination considers the decision by an authority to issue a code compliance certificate for building work undertaken to alter an existing detached residential dwelling. The determination will consider the compliance of specific elements of the building work against the requirements of a building consent and the Building Code, taking into account all the information now available.

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2023/007: Regarding the authority’s decision to refuse to grant a building consent for alterations to an existing building

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers the
authority’s reasons for refusal and whether sufficient information was included in the
building consent application for the authority to be satisfied that the provisions of the
Building Code would be met if the building work were properly completed in accordance
with the plans and specifications that accompanied the application.

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2021/006: Compliance with Building Code Clause G13 Foul water of an effluent field that is part of a domestic foul water treatment system

This determination considers the compliance with Building Code Clause G13 Foul water of an effluent field that is part of a domestic foul water treatment system. The determination discusses the slope, stability and size of the disposal field.

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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.

2020/009: 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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2020/006: Regarding the decision to grant a building consent for alterations to a house

This determination considers whether the authority was correct to grant a building consent where the submitted plans were inaccurate. The determination also considers the role of the authority in keeping building related records.

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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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2018/062: Authority’s refusal to issue a code compliance certificate for a 17-year-old house with monolithic cladding

Note: to be read in conjunction with Determination 2017/008.

This determination considers a second refusal to issue a code compliance certificate for a now 17-year-old house with monolithic cladding that was the subject of a previous determination.  This determination discusses the validity of the refusal with regard to the time in which a building consent authority must make a decision, and the relationship between the requirement to give reasons for refusing to issue a code compliance certificate and the issue of a notice to fix.  The determination considers the information the authority had before it at the time it made its decision and whether the items identified by the authority are compliant with the Building Code.

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2018/020: Refusal to issue a code compliance certificate for a house with rammed-earth walls

This determination considers the compliance of the second stage of a house built with rammed-earth walls used as a structural element and as a cladding.  The determination considers the compliance of the as-built work, the on-going maintenance of the rammed-earth walls, and whether the authority was correct in declining to issue a code compliance certificate for the work.

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2018/014: Refusal of a code compliance certificate for alterations to a house

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

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: