3 Mar 2017
FAN v R [2017] NZCA 41
- Citation
- [2017] NZCA 41
- Court
- Court of Appeal
The Court held the garage is a "building" within the District Plan; the label "accessory building" does not remove it from the building definition; the prefabrication exception to "erection of a building" does not apply because the work involved re‑erection on new foundations and storage use; therefore the conviction for failing to comply with the abatement notice and the sentence (fine and removal order) were properly imposed and are affirmed.