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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2017/047: Refusal to issue a code compliance certificate for a house with mixed claddings completed under supervision of a building certifier

This determination is concerned with the compliance of the building envelope to a 12-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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2006/076: Refusal of a code compliance certificate for a building with a monolithic cladding system

N/A

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2017/044: Refusal to issue a code compliance certificate for a 14-year-old house

This determination is concerned primarily with the compliance of the building envelope to a 14-year-old house with autoclaved aerated concrete cladding. 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 that was in force at the time the building consent was issued.

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2006/075: Refusal of a code compliance certificate for a building with a monolithic cladding system

N/A

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2017/043: Certificate of acceptance issued subject to qualifications for substituted imported composite slate roofing tiles on a house

This determination considers exclusions listed in a certificate of acceptance issued for the installation of imported composite slate roofing tiles.

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2017/041: Whether proposed barriers to a timber walkway and proposed wharf will satisfy Clause F4 Safety from falling

This determination is concerned with the compliance of proposed barriers to a wharf and a walkway. The determination considers whether the proposed barrier to the wharf would be incompatible with its intended use.

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2017/040: Refusal to grant a building consent for proposed supermarket alterations

This determination concerns the refusal to issue a building consent for alterations to an existing supermarket building because it was believed the proposed work did not comply with the fire safety clauses of the Building Code. The determination considers the requirements of the legislation as it applies to the alteration. The fire engineer initially used a verification method to show compliance, and the determination discusses what this method requires.

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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: