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2019/036: Regarding a notice to fix and whether a structure on trailers is a vehicle or a building

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Document

Determination 2019/036[PDF 318 KB]

 

About this determination

Date issued
25 July 2019
Primary Building Code clause:
B1 - Structure
Also related to:
C3 - Fire affecting areas beyond the fire sourceB2 - Durability
Primary topic:
Building Act Interpretation
Council:
Marlborough District Council
Section of the Building Act:
8

Summary

Note: ​The decision in this determination was confirmed on appeal to the District Court. See Marlborough District Council v Bilsborough [2020] NZDC 9962.

Read the appeal judgment.

This determination concerns a notice to fix issued for two relocated units built on trailers that were relocated onto site and joined via a walkway constructed onsite.  The determination considers whether the structure is a building for the purposes of the Act and whether the units separately are vehicles and not buildings.  It also considers the particulars of contravention identified in the notice to fix and the persons to whom the notice was issued.

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