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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2016/058: Regarding whether fire door signage is required to hotel suites

This determination considers whether signage is required between the common corridor and guest suites in a hotel in order to satisfy Clause F8 of the Building Code. The determination discusses the risks of the doors being wedged open and whether this constitutes a potential hazard.

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2016/057: Regarding the performance of a concrete floor slab and foundation with respect to moisture transmission to a house

This determination concerns the construction of a concrete floor slab and foundations without a damp proof membrane. The determination considers whether the authority was correct to issue the code compliance certificate in respect of compliance of the  concrete floor slab with Clause E2 External Moisture, and Clause B2 Durability.

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2016/053: Regarding the exemption from the requirement for a building consent for foundation relevelling using expanding resin to a house

This determination considers whether the authority was correct in requiring an application for building consent or whether the proposed building work, to relevel the house foundations by injecting expanding resin, was exempt under Schedule 1.  The determination discusses the whether the expanding resin is a ‘comparable component’ in terms of the foundation system, and whether the proposed building work is a ‘substantial replacement’.

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2006/033: Refusal of a code compliance certificate for a building with a monolithic cladding system

N/A

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2016/049: Regarding the refusal to issue code compliance certificates for an 18 to 20-year-old house with monolithic cladding

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

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2006/032: Refusal of a code compliance certificate for a building with a monolithic cladding system

N/A

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2016/047: Regarding the refusal to issue code compliance certificates for an 18-year-old house with a 14-year-old extension

This determination is concerned with the compliance of the 18-year-old house and 14-year-old extension. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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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: