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2022/026: Regarding the issue of a notice to fix in respect of a demolished retaining wall

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Document

Determination 2022/026[PDF 415 KB]

 

About this determination

Date issued
30 November 2022
Primary topic:
Building Act Interpretation
Council:
Hamilton City Council
Section of the Building Act:
163, 164

Summary

This determination concerns the issue of a notice to fix by an authority in relation to a retaining wall that had been built by a neighbour over the property boundary and then subsequently demolished by the neighbour. The determination considers whether the owners of the property were the "owner of a building" and therefore a "specified person" in terms of section 163 of the Building Act, such that a notice to fix could be issued to them.

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