2025/042: An authority’s decision to issue a notice to fix for a mixed-use building - 83 Hutt Road, Pipitea, Wellington
- Abbreviation
- 2025/042
- Valid from
- 29/08/2025
- Information provider
- Ministry of Business, Innovation and Employment,
- Information type
- Determination,
- Format
- PDF,
Description
This determination considers whether a change of use occurred as a result of building work to increase the number of bedrooms for an existing residential unit in a mixed-use building.
The determination discusses the features and arrangements of the unit and the authority’s decision to then issue a notice to fix. It also discusses whether the unit is classified as a ‘detached dwelling’ under Building Code Cause A1 Classified Uses.
Decision
Regarding the notice to fix, there were grounds to issue a notice to fix for a contravention of section 114. However, the notice to fix did not meet the requirements of section 165 and, in accordance with section 188, the authority’s decision to issue the notice to fix has been reversed.
Regarding the classified use of the unit at the time the application for a determination, 6 December 2024, it was found that the unit did not have a classified use of detached dwelling as set out in Building Code Clause A1 – Classified uses.