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Discussed whether the prefabricated unit is a vehicle, and whether it falls within the definition of a building under section 8 (1) (a) of the Building Act. Also discussed whether the relocation of the unit constituted building work and could be subject to a notice to fix.

This determination considers an authority’s decision to issue a notice to fix in relation to several items of building work.

The determination considers whether the building work was exempt from the requirement to obtain a building consent.

The determination also considers the remedies in the notice to fix, and other points raised relating to the notice to fix provisions in the Building Act.

This determination considers an authority’s decision to grant a building consent under section 72.

The determination considers the natural hazard provisions, including whether the land is subject or likely to be subject to the natural hazard of slippage, and whether to grant a modification of clause B1 Structure.

The decisions in this determination were confirmed on appeal to the District Court. See: Beattie v Far North District Council (District Court, Whangarei, Judge de Ridder, 26 November 2010, CIV-2010-088-000109). Appeal judgment [PDF 1.74 MB, 8 pages]

This determination considers whether a wall made of ponga logs, that is located on or near a property boundary, is a 'retaining wall' and a 'building'. It also considers whether the structure complies with Building Code clauses B1 Structure and B2 Durability.

The determination concerns the classified use of a building that is let out on occasion for public accommodation. The determination considers whether the classified use falls within "Detached dwellings" or "Community service" under Building Code Clause A1 - Classified uses.

This determination considers the authority's refusal to issue a code compliance certificate due to building work to strengthen the existing roof of the house. The determination considers the as-built compliance of the building with Building Code Clause B1 Structure.

Discussed whether adequate provision was proposed to protect the building work from inundation and whether periodic flooding would affect building elements in relation to Clauses B1 and B2 of the Building Code.