Building Act 2004

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Meaning of building

8 Building: what it means and includes

(1)

In this Act, unless the context otherwise requires, building

(a)

means a temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machinery, or chattels); and

(b)

includes—

(i)

a mechanical, electrical, or other system; and

(ii)

any means of restricting or preventing access to a residential pool; and

(iii)

a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or long-term basis; and

(iv)

a mast pole or a telecommunication aerial that is on, or forms part of, a building and that is more than 7 m in height above the point of its attachment or base support (except a dish aerial that is less than 2 m wide); and

(c)

includes any 2 or more buildings that, on completion of building work, are intended to be managed as one building with a common use and a common set of ownership arrangements; and

(d)

includes the non-moving parts of a cable car attached to or servicing a building; and

(e)

after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.

(2)

Subsection (1)(b)(i) only applies if—

(a)

the mechanical, electrical, or other system is attached to the structure referred to in subsection (1)(a); and

(b)

the system—

(i)

is required by the building code; or

(ii)

if installed, is required to comply with the building code.

(3)

Subsection (1)(c) only applies in relation to—

(a)

subpart 2 of Part 2; and

(b)

a building consent; and

(c)

a code compliance certificate; and

(d)

a compliance schedule.

(4)

This section is subject to section 9.

Compare: 1991 No 150 s 3

Section 8(1)(b)(ii): replaced, on 1 January 2017, by section 6 of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 8(1)(c): replaced, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).

Section 8(1)(d): inserted, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).

Section 8(1)(e): inserted, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).