Description

The application arose out of a dispute about a notice to fix issued by the territorial authority, in its capacity as a building consent authority.

The notice was in respect of the certain building work alleged to have been done, or permitted to be done, by the lessee of the Oakura Beach Camp.

The alleged building work was the installation of three Leisurebuilt Chalet series units, which the territorial authority as building consent authority considered to be buildings in terms of section 8 of the Act. However, the lessee (and presumably the territorial authority as owner) considered that the units were vehicles not coming within section 8(b)(iii), a view supported by Leisurebuilt Ltd, the manufacturer of the units.

The matter for determination was the territorial authority's decision to issue the notice to fix, and in particular whether the units were buildings for the purposes of the Act and if so whether the notice to fix should be confirmed, reversed, or modified.