5Meaning of residential building

5 Meaning of residential building

(1)  In this Act, a residential building is a building, or structure, that is classified under Volume One of the NCC as –

(a) a class 1a building; or

(b) a class 2 building; or

(c) a class 10 building, if that building is associated with a class 1a building or class 2 building.

(2)  Despite subsection (1) , the following are not residential buildings for the purposes of this Act:

(a) a caravan or any motor vehicle, trailer, aeroplane, or boat, used as a residence;

(b) a boarding house, guest house, hostel or lodging house;

(c) a motel, residential club, residential hotel or residential part of licensed premises, within the meaning of the Liquor Licensing Act 1990 , or any other building or structure, or part of a building or structure, used or intended to be used as tourist, holiday or overnight accommodation;

(d) a residential part of an educational institution;

(e) a hospital or care institution;

(f) if a building or structure contains only one residence and that residence is used, or is intended to be used, by a caretaker for the building or structure – that part of the building comprising the residence;

(g) a prison within the meaning of the Corrections Act 1997 , a detention centre within the meaning of the Youth Justice Act 1997 , or premises, or part of premises, where offenders on remand are held or it is intended that such offenders are to be held;

(h) Government House;

(i) a building, structure or other thing that is prescribed by the regulations not to be a residential building.

(3)  In subsection (2)  –

care institution means an institution where accommodation and personal, nursing or medical care are provided to elderly, sick or rehabilitating persons, but does not include an institution for persons otherwise living independently even though the provision of accommodation may include domestic services such as the preparation of meals, cleaning and laundry services.