New Zealand Legislation: Acts

9 Building: what it does not include

• In this Act, building does not include—

  • (a) a NUO system, or part of a NUO system, that—

    • (i) is external to the building; and

    • (ii) is connected to, or is intended to be connected to, the building to provide for the successful functioning of the NUO system in accordance with the system's intended design and purpose; and

    • (iii) is not a mast pole or a telecommunication aerial that is on, or forms part of, a building; or

  • (ab) a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or

  • (b) cranes (including any cranes as defined in regulations made under the Health and Safety in Employment Act 1992); or

  • (c) any of the following, whether or not incorporated within another structure:

    • (i) ski tows:

    • (ii) other similar stand-alone machinery systems; or

  • (d) any description of vessel, boat, ferry, or craft used in navigation—

    • (i) whether or not it has a means of propulsion; and

    • (ii) regardless of what that means of propulsion is; or

  • (e) aircraft (including any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth); or

  • (f) any offshore installation (as defined in section 222 of the Maritime Transport Act 1994) to be used for petroleum mining; or

  • (g) containers as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996; or

  • (h) magazines as defined in section 222 of the Hazardous Substances and New Organisms Act 1996; or

  • (i) scaffolding used in the course of the construction process; or

  • (j) falsework.

  Compare: 1991 No 150 s 3

  Section 9(ab): inserted, on 15 March 2008, by section 7 of the Building Amendment Act 2008 (2008 No 4).