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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Emergency works

331: Reimbursement or compensation for emergency works

You could also call this:

"Paying back costs for emergency work or getting compensation for damage"

If a local authority or consent authority takes action under section 330(2) because someone did not do what they were supposed to, the authority can ask that person to pay back the actual and reasonable costs. The authority gets to decide what these costs are, based on what is defined in section 314(2). You have to pay these costs within 20 working days.

If you do not pay these costs on time, the authority can go to court to get an order to make you pay, using section 314(1)(d). If the authority's actions hurt someone's land or cause them damage, that person can get compensation from the authority. This compensation is for any damage that was not caused by the person's own failure to follow the rules.

To get this compensation, you have to follow the process outlined in Part 5 of the Public Works Act 1981. The rules from the Public Works Act 1981 apply to this process, with some changes as needed. You can use these rules to figure out how much compensation you should get.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239016.

Topics:
Environment and resources > Town planningGovernment and voting > Local councilsMoney and consumer rights > Consumer protection
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330C: Modification of requirements in section 330B for activities undertaken in affected areas, or

"Changing rules for some activities in affected areas"

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331A: Application of sections 331B to 331E, or

"These rules explain when and how farmers can do emergency work on their land without special permission."

Part 12Declarations, enforcement, and ancillary powers
Emergency works

331Reimbursement or compensation for emergency works

  1. Where the local authority or consent authority takes action under section 330(2) because of the default of any person, the authority may require reimbursement from that person of its actual and reasonable costs (as defined in section 314(2)).

  2. Where the costs required to be paid under subsection (1) are not duly paid within 20 working days of being required, the authority may seek an enforcement order under section 314(1)(d).

  3. Every—

  4. person having an estate or interest in land that is injuriously affected by the exercise of any power under section 330(2); and
    1. other person suffering any damage as a result of the exercise of that power—
        1. shall be entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by his or her duties under the Act.

      1. Any compensation under subsection (2) shall be claimed and determined in accordance with Part 5 of the Public Works Act 1981 and the provisions of that Act, so far as they apply and with all necessary modifications, shall apply accordingly.

      Notes
      • Section 331(1): amended, on , by section 152(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).
      • Section 331(1): amended, on , by section 152(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
      • Section 331(1A): inserted, on , by section 152(2) of the Resource Management Amendment Act 1993 (1993 No 65).