Description

This determination arises from the decision of the authority to issue a notice to fix for the owner's houseboat constructed without building consent first being obtained, on the grounds that it was building work for which building consent was required and its construction was in contravention of section 40 of the Act.

The matter to be determined is therefore the authority's exercise of its powers of decision in issuing the notice to fix. In deciding this matter, I must consider whether the houseboat described in the notice to fix is a building for the purposes of the Act.