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2025/026: An authority's decision to refuse to grant a waiver of the Building Code for multiple isolated steps on access routes

This determination considers an authority’s decision to refuse to grant a building consent subject to a waiver from Building Code clause D1.3.3(i) for the proposed construction of isolated steps between multiple bedrooms and prefabricated ‘pods’ containing sanitary fixtures at a multi-storey university student accommodation building.

The determination considers the intended use of the building and whether the steps are on access routes. 

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Consultation on proposed changes to CodeMark rules

MBIE is consulting on the proposed changes to the CodeMark rules to ensure they're clear, workable, and able to be implemented effectively.

2015/032: Refusal to issue a building consent for remedial work to improve weathertightness issues to a house with a code compliance certificate

This determination covered technical issues about a proprietary system provider’s methodologies and technologies relating to liquid and foaming injection timber treatment systems used to slow the rate of decay. Discussed whether timber treatment process is building work, and whether targeted treatment can be exempt from building consent under Schedule 1 of the Act as maintenance. Discussed impacts on bracing capacity, air volatility, and the use of drying skirts. Also mentioned the provision of new plans as opposed to copied plans.

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2019/007: The refusal of a code compliance certificate for 18-year-old additions and alterations to a house

This determination considers an authority’s refusal to issue a code compliance certificate for 18-year-old additions and alterations to an existing house.  The cladding had been changed from what was consented and the changed cladding had also been applied to the remainder of the existing building.  The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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2019/057: Regarding the issue of a notice to fix for building work carried out without a building consent and over a property boundary

This determination considers the decision to issue a notice to fix for the construction of a storage building made up of relocated shipping containers and a roof. The authority is of the view that building work has been carried out which required building consent and therefore there has been a contravention of Section 40. As the building crosses a boundary into an adjacent allotment, the authority is also of the view there has been a contravention of section 75. This determination also discusses whether the containers have undergone a change of use.

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2025/001: The purported decision to refuse to issue a building consent for reasons relating to the building’s use and means of escape from fire.

This determination considers an authority’s purported decision to refuse to issue a building consent for alterations and an addition to an existing building.

The matter turns on whether the proposed building work would have resulted in a change of use for the building and whether the building would have complied as nearly as reasonably practicable with clause C4.3 of the Building Code relating to means of escape from fire.

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Endorsed Standards

Endorsed Standards are making it easier to use building products from recognised overseas jurisdictions.

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: