2025/018: The authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent - 19 Roger Kaui Place, Burbush, Hamilton
- Abbreviation
- 2025/018
- Valid from
- 4/04/2025
- Information provider
- Ministry of Business, Innovation and Employment,
- Information type
- Determination,
- Format
- PDF,
Description
This determination considers the authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent.
The determination considers whether the building work was exempt from requiring a building consent under clause 4 of Schedule 1, which applies to unoccupied detached buildings.
The determination also considers the form and content of the notice.
Decision
In accordance with section 188 of the Act, it has been determined that that there were grounds to issue the notice to fix for a contravention of section 40.
However, for the reasons detailed above, the notice to fix did not meet the provisions of section 164 and section 165(1)(c). therefore the authority’s decision has been reversed.