From: Samuel
Beswick <sbeswick@sjd.law.harvard.edu>
Sent: Wednesday
3 June 2020 12:45
To: Obligations
Subject: "No
buildings in the park" (...vehicles okay)
Colleagues,
A
brief distraction from the current crises .... A variation on HLA Hart's
perennial hypo has been playing out in New Zealand courts recently: Is a tiny
house a vehicle or a building?
Buildings
must comply with the Building Act. Vehicles need not.
A
District Court has found a 'classic' tiny house to be a vehicle.
The Environment Court has found a custom-built tiny house to be a building
(appending photos to the judgment). Now a
court is considering a new penumbra: what to make of two tiny homes pushed
together -- something the Council's lawyer described as resembling "a
Lego exercise".
A
neat summary is provided at: https://www.wynnwilliams.co.nz/Publications/Articles/It%E2%80%99s-a-building%E2%80%A6it%E2%80%99s-a-vehicle%E2%80%A6it%E2%80%99s-a-tiny-house!
Warm
wishes,
Sam
Samuel Beswick
Harvard Law School | Academic Fellow
Project on the Foundations of Private Law
https://scholar.harvard.edu/beswick