Go back to "Official Information Act (OIA) releases"

Definition of building that applies to the National Policy Statement for Urban Development

Request for the definition of building that applies to the National Policy Statement for Urban Development, in particular, MBIE's intent as to the definition of the words building and temporary.

Response date

15 April 2025

Type

Departmental

Request for the definition of building that applies to the National Policy Statement for Urban Development, in particular, MBIE's intent as to the definition of the words building and temporary.

Response date

15 April 2025

Type

Departmental

Details of the request

First part:

I'm going to be going to court with WCC. However to do so, I need clarity on MBIE's intent as to the definition of Building. If you are not the right department to ask, could you provide me a contact to ask the question to? In essence, it is about MBIE's intent when it defined

"Building" as means a temporary or permanent movable or immovable physical construction that is:

  1. partially or fully roofed; and
  2. fixed or located on or in land; but excludes any motorised vehicle or other mode of transport that could be moved under its own power.

Was this to include or exclude:

  • hoop greenhouses in the rural zone (ie do farmers need resource consent for all sheltered horticulture now?)
  • hooped wind/insect guarded horticulture areas ("roofed" but lets rain through)
  • animal rain weather shelters in the field - beehives (roofed, albeit low)
  • tiny homes on trailers and wheels (non fixed, that can move by gravity)
  • tiny homes pulled by motorised jacks (non-fixed, can be remote controlled from within the tiny home) Or was the intent to only exempt motorhomes?

Second part:

One last one that I forgot in the previous list: was MBIE intending NZ's to have to get resource consents for all 20'/40' storage containers?

Third part:

The NPS defines buildings “as a temporary or permanent movable or immovable physical construction that is: (a) partially or fully roofed; and (b) fixed or located on or in land; but excludes any motorised vehicle or other mode of transport that could be moved under its own power.”

But is there a national definition of "temporary"? How long is that? 1 month, 3 month, 12 month?

Again, if you are not the right department to ask, could you provide me a contact to reach instead? If there is no one to ask at MBIE, is the only location I can ask, is in court, to a judge, as to their interpretation?

Fourth part:

"MBIE has developed the NPS, within which is the definition of building.

building means a temporary or permanent movable or immovable physical construction that is:

  1. partially or fully roofed; and
  2. fixed or located on or in land; but excludes any motorised vehicle or other mode of transport that could be moved under its own power

However, it has not defined or refered to another location for the term temporary.

May i have either the definition and/or relevant documents/meeting notes where its potential meaning was discussed.

OIA@mfe.govt.nz

See more on...