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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:

“Who pays for actions taken in an emergency when someone doesn't follow the rules”

If a local authority or consent authority takes action because you didn’t do something you were supposed to, they can ask you to pay them back for their costs. These costs must be actual and reasonable, as defined in section 314(2).

If you don’t pay these costs within 20 working days, the authority can get an enforcement order under section 314(1)(d) to make you pay.

You can get compensation if your land is harmed or you suffer damage because of the authority’s actions under section 330(2). However, you won’t get compensation if the damage happened because you didn’t follow your duties under the Act.

If you want to claim compensation, you need to do it according to Part 5 of the Public Works Act 1981. The rules in that Act will apply to your claim, with any necessary changes.

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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 > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Money and consumer rights > Consumer protection
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330C: Modification of requirements in section 330B for activities undertaken in affected areas, or

“Special rules give people more time to report and get permission for emergency work in storm-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 12 Declarations, 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).