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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2015/016: Regarding the compliance of repairs to a foundation slab of a house

Determination arose from repairs carried out as exempt building work by the Project Management Office as established by the Earthquake Commission, and whether the repaired concrete floor slab on ground subject to liquefaction and categorised as Foundation Technical Category 2 (TC2) complies with the Building Code. Discussed whether the work required building consent or was exempt under Schedule 1 (a) and whether the repair work constitutes a “substantial” replacement.

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2015/012: Compliance of pool barriers in relation to the immediate pool area for a proposed swimming pool

Discussed the definition of ‘immediate pool area’ and the ‘immediate pool surround’ and the potential for unacceptable lapses of pool security due to doors, gates and pedestrian access.

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2015/011: Regarding the compliance of masonry block walls to a 19 year-old garage

Discussed whether masonry walls complied with Clause B1 of the Building Code that was in force at the time the consent was granted. Related to building work that was carried out without inspections, and whether there was sufficient evidence to establish compliance.

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2015/009: Regarding the code compliance of a window in a proposed shower enclosure of a new house

Discussed the detailing of the window and the surfaces that were required to comply with Clauses E3.3.4 and E3.4.5 of the Building Code, and the compliance of the window as a whole with clause E3.3.6.

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2015/005: The refusal to issue a code compliance certificate for a 12 year-old house completed under the supervision of a building certifier

Where a building certifier registered under the former Act ceased operating before the code compliance certificate was issued. Discussed whether there is sufficient evidence to establish the building work complies with the Building Code that applied at the time the building consent was granted, and what is the appropriate regulatory action by the authority and what certificate is to be issued.

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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: