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Building Act 2004

Preliminary provisions - Interpretation - Meaning of building

9: Building: what it does not include

You could also call this:

“Things that are not counted as buildings under the law, like power poles, cranes, boats, and scaffolding.”

In this law, some things are not considered buildings. You should know that network utility operator (NUO) systems are not buildings if they are outside the building and connect to it to make the system work properly. This doesn’t include masts or aerials that are on or part of a building.

Things like pylons, communication towers, power poles, and telephone poles that are part of a NUO system are not buildings. Neither are security fences, oil containment systems, wind turbines, gantries, and similar structures that are part of a NUO system.

Cranes are not buildings. Neither are ski tows and other stand-alone machinery systems, even if they’re part of another structure.

Boats, ferries, and other watercraft are not buildings, no matter how they move. Planes and other flying machines are not buildings either.

Offshore installations used for oil and gas mining, as defined in section 222 of the Maritime Transport Act 1994, are not buildings.

Containers and magazines, as defined in rules made under the Health and Safety at Work Act 2015, are not buildings.

Finally, scaffolding used during construction and falsework are not considered buildings under this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306321.

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8: Building: what it means and includes, or

“A building is any structure, including things attached to it, that people or animals can use or live in.”

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9A: Meaning of building product, or

“A building product is something that could be part of a building or is officially declared as one.”

Part 1 Preliminary provisions
Interpretation: Meaning of building

9Building: what it does not include

  1. In this Act, building does not include—

  2. a NUO system, or part of a NUO system, that—
    1. is external to the building; and
      1. 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
        1. is not a mast pole or a telecommunication aerial that is on, or forms part of, a building; or
        2. a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or
          1. security fences, oil interception and containment systems, wind turbines, gantries, and similar machinery and other structures (excluding dams) not intended to be occupied that are part of, or related to, a NUO system; or
            1. cranes (including any cranes as defined in regulations made under the Health and Safety at Work Act 2015); or
              1. any of the following, whether or not incorporated within another structure:
                1. ski tows:
                  1. other similar stand-alone machinery systems; or
                  2. any description of vessel, boat, ferry, or craft used in navigation—
                    1. whether or not it has a means of propulsion; and
                      1. regardless of what that means of propulsion is; or
                      2. 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
                        1. any offshore installation (as defined in section 222 of the Maritime Transport Act 1994) to be used for petroleum mining; or
                          1. containers as defined in regulations made under the Health and Safety at Work Act 2015; or
                            1. magazines as defined in regulations made under the Health and Safety at Work Act 2015; or
                              1. scaffolding used in the course of the construction process; or
                                1. falsework.

                                  Compare
                                    Notes
                                    • Section 9(ab): inserted, on , by section 7 of the Building Amendment Act 2008 (2008 No 4).
                                    • Section 9(ac): inserted, on , by section 8 of the Building Amendment Act 2012 (2012 No 23).
                                    • Section 9(b): amended, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
                                    • Section 9(g): replaced, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
                                    • Section 9(h): replaced, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).