2022/001: The authority's proposal to issue a notice to fix and whether a unit is a vehicle or building
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About this determination
Summary
Note: This determination was subject to appeal to the District Court, where one conclusion was confirmed and one conclusion was overturned. Appeal judgment [PDF 6.4MB].
This determination considers whether a structure that has some features of a vehicle is a "building" under section 8 of the Building Act, and therefore whether the authority can issue a notice to fix for construction of the unit without building consent. The determination discusses factors to consider when deciding if the unit is a "vehicle", and if it is "immovable" and "occupied on a permanent or long-term basis".