2023/005: Regarding the decision to issue a notice to fix for modifications to a shipping container - 240 Ōhiwa Harbour Rd, Ōhiwa, Bay of Plenty
- Abbreviation
- 2023/005
- Valid from
- 24/02/2023
- Information provider
- Ministry of Business, Innovation and Employment,
- Information type
- Determination,
- Format
- PDF,
Description
The matter to be determined, under section 177(1)(b) and (2)(f), is whether the authority was correct in its decision to issue a notice to fix for the owners’ structure.
In deciding this matter, it must be considered whether the structure was exempt from requiring a building consent under Schedule 1 of the Act, and whether the authority had sufficient evidence to consider on reasonable grounds that the building work did not comply with the Building Code.
This determination considers the authority's decision to issue a notice to fix. The determination considers whether the structure is a building, whether the building consent was required for the modification to the container, and whether it complies with Building Code clause B1.
Decision
In accordance with section 188 of the Building Act 2004, the authority's decision to issue the notice to fix dated 11 January 2021 was reversed.