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