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CAP November 2020 meeting

Summary and materials of the November 2020 meeting of the Code Advisory Panel (CAP).

2019/012: Regarding the issuing of a building consent

This determination considers the authority’s decision to issue a building consent that was issued in error. A building consent was granted for building work that had already been completed or was near completion when the consent was issued. 

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2025/039: Regarding a notice to fix issued for a unit the owners consider is a vehicle

This determination concerns the issue of a notice to fix for a unit the owners consider is a vehicle.

The unit was moved to the property and connected to services. The determination considers the content of the notice to fix issued for carrying out building work without building consent.

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2024/029: An authority's decisions to issue a series of notices to fix

This determination considers an authority’s decisions to issue three successive notices to fix alleging the same contravention. The determination discusses the details required in a notice to fix, and the obligations of authorities in issuing notices to fix.

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2025/019: The issue of a notice to fix for building work carried out without a building consent

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.

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2015/026: Regarding the issue of a notice to fix and whether a prefabricated unit is a building or a vehicle

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.

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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: