Building Act Section 8 (meaning of building)
Resource Management Act §2(1) (meaning of structure)
Land Transport Act §2(1) (meaning of vehicle)
Section 6.6 of Land Transport Rule 41001 (overwidth)
§2(1) Land Transfer Act 2017 (meaning of land inc building)
§1(t) Residential Tenancies Act 1986 (exclusion of mobile homes on bare land)
LDAC constitutional principles and values of NZ law
MFE NATIONAL PLANNING STANDARDS
Nov 2019 MFE National Standards (meaning of building) (p. 55)
April 2019 Background Report MFE National Standards (meaning of building) (p.47-53)
Sept 2019 Proposed MFE Minor Changes (meaning of building) (Appdx.1 #17)
THE DALL CASE (2018 to 2020)
MBIE Determination 2019/017 – 17 March 2019
Alan Dall’s Appeal to District Court re: 2019/017
Dall v MBIE Judgement 19-02-2020
Dall v MBIE District Court NZDC 2612
OTHER CASES
ANTOUN (ENV-2019-WLG-000073) v HUTT CITY COUNCIL
Marlborough District Council v MBIE and Eco Cottages Ltd.
MBIE DETERMINATIONS
MBIE Determination 2019-036 appeal
MBIE Determination 2019-017 (Overturned)
RELEVANT LAW
Section 8 of the Building Act (meaning of building)
Part 1 Section 2(1) of the RMA (meaning of structure)
Part 1 Section 2(1) of the Land Transport Act (meaning of vehicle)
Section 6.6 of Land Transport Rule 41001 (overwidth)
Part 1 Section 2(1) of the Land Transfer Act 2017 (meaning of land)
LDAC Fundamental constitutional principles & values of NZ law
RELEVANT CASE LAW AND OPINIONS
Thames Coromandel District Council v Te Puru
Elitestone Ltd v Morris (UK House of Lords Decisions)
SKERRITTS v SECRETARY OF STATE (meaning of structure & movable)
Opinion “Using your motorhome for temporary accommodation on private property”
NZTA ROAD TRANSPORT
Land Transport Rule: Vehicle Dimensions & Mass 2002 Rule 41001
MBIE Determinations
.
See Dall v MBIE
Change in personnel – subsequent interpretations moved the goal post
Change in personnel – subsequent interpretations moved the goal post
2017-058 4.1.9 mobile homes… have all the characteristics of a vehicle, not some (wheels & drawbar)
2016-019 4.3.5 Caravans and mobile homes are clearly vehicles. But just buying a rego plate for shed is not.
2016-011 4.3.5 Caravans and mobile homes are clearly vehicles. Shephard huts are not.
2015-067 5.5.3 Joining the units rendered them immovable, thus at that point they became a building
2015-044 5.3.5 On site construction is not relevant if it can be moved once completed
2014-025 4.5.1 Not intended for permanent occupation
2013-055 5.3.13 Vehicles does not turn on whether they are registered and have a current WOF