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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2015/069: Regarding the compliance of new and replacement timber windows to a 132 year-old house

This determination considers the compliance of retrofitted metal sill flashings installed to timber windows and doors in a house. The house is over 130 years old and is being altered and refurbished.

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2015/068: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with monolithic cladding

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.

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2015/067: A notice to fix for three prefabricated units connected together and whether the units joined together are a building or a vehicle

This determination discusses the approach to be used when establishing whether a portable unit is a building for the purposes of the Building Act, including factors to consider when deciding if it is immovable and occupied on a permanent or long term basis. The determination includes a decision tree that can be utilised in other cases, and applies the framework in this case where three portable units were connected together.

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2008/107: Determination regarding the code compliance of a 9 year-old house

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2015/062: The issuing of a building consent and a code compliance certificate for a 14 year-old-house

This determination discusses the construction and code compliance of a 14 year-old house. The determination also considers the authority’s powers of decision in issuing the building consent and code compliance certificate.

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2015/061: Regarding the issue of dangerous building notices in respect of cantilevered timber-framed decks to 3 monolithic-clad apartment buildings

This determination considers the issue of a dangerous building notice in respect of timber-framed decks to three apartment buildings. Remedial work resulting from water ingress has been carrier out to two decks, and a dangerous building notice has been issued in respect of the remaining decks.

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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: