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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2017/076: Refusal of code-compliance for house with monolithic cladding

This determination is concerned with the compliance of an 18-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2013/036: Access for people with disabilities to a school building undergoing earthquake repair

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2017/073: Compliance schedule requirements and the classified use of three proposed commercial poultry sheds

The determination considers whether the correct classified use for the proposed poultry sheds is "industrial" or "outbuilding", and whether the operational systems are specified systems and whether a compliance schedule is required.  It also considers whether the requirements for access and facilities for people with disabilities apply to the poultry sheds.

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2017/072: Compliance of the ventilation system and the installation of kitchen appliances to a café kitchen

This determination is about matters associated with the fitout of a café kitchen located on the ground floor of a three-storey building.  The determination considers the installation and compliance of solid fuel cooking appliances installed in the café kitchen as part of the consented work, and the compliance of the ventilation system to the kitchen.

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2017/071: Code compliance of a proposed house with steel framing and polyisocyanurate insulation board

This determination considers the code compliance of a proposed steel-framed house that uses rigid foam insulation board to insulate the walls and roof: the house was the subject of an application for building consent.  The determination considers whether the insulation board satisfies certain clauses of the Building Code, and also whether the documents submitted in support of the application for building consent were adequate.

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2017/070: Refusal to issue a code compliance certificate for a 20-year-old house with mixed claddings

This determination is concerned with the compliance of a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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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: