New Zealand Legislation: Acts

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) a fence as defined in section 2 of the Fencing of Swimming Pools Act 1987; 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)(c): substituted, on 14 April 2005, by section 4 of the Building Amendment Act 2005 (2005 No 31).

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

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