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.

For assistance with locating previous versions, please contact the information provider.
View on Information Provider website Download this resource (PDF, 1.1MB)
For assistance with locating previous versions, please contact the information provider.
This resource is not cited by any other resources.

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

This document is not CITED BY any other resources:

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

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.

View on Information Provider website Download this resource (PDF, 1.1MB)
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
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.

View on Information Provider website Download this resource (PDF, 1.1MB)
This resource does not cite any other resources.

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

This resource does not CITE any other resources.
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