33Cost of work required under section 32

1. Subject to subsection (2), the reasonable cost of all work required to be done under section 32(1) shall be paid by the person that requires the work to be done.

2. Where any work is required to be done under section 32(1) by reason that the works to which the work relates—

3. were constructed contrary to any provision of—
   1. this Act or any regulations made under section 169; or
   2. the Electricity Act 1968 (or any enactment repealed by that Act); or
   3. the Electric Power Boards Act 1925; or
   4. the Local Government Act 1974 or the Local Government Act 2002; or
   5. the Public Works Act 1981; or
   6. any local or private Act; or
   7. any regulations made under any enactment, or under any enactment of any of the classes of enactment, referred to in any of subparagraphs (ii) to (vi); or
4. are in a dangerous or unsafe condition,—
the cost of the work shall be paid by the owner of the works.

5. Where any person requires any work to be done under section 32(1), no claim by or against that person for betterment shall be allowed in respect of that work.

6. Where a controlling authority (being the New Zealand Transport Agency or the agent of the Minister of Transport) requires any work to be done under section 32(1) in relation to any works, subsections (1) to (3) of this section shall apply subject to the following provisions:

7. in all cases the cost of all fittings that are used in the carrying out of the required work (other than fittings used only during the course of construction) shall be paid by the owner of the works:
8. where—an amount equal to the amount by which the cost, to the controlling authority, of that construction or those alterations, as the case requires, is so increased shall be paid to the controlling authority by the owner of the works:
   1. as a consequence of the requirement, the owner of the works elects to fix works to, or install works over, under, or through, a roading structure that is being, or is to be, constructed or altered; and
   2. the cost of that construction or those alterations is increased by reason that those works will be fixed to, or installed over, under, or through, that roading structure,—
9. where, as a consequence of the requirement, the owner of the works relocates the works and reconstructs them to specifications different from those of the original works, the owner of the works shall pay the difference between—where the amount calculated in accordance with subparagraph (i) is less than the amount calculated in accordance with subparagraph (ii).
   1. what it would have cost to relocate and reconstruct the works as near as reasonably practicable to their original specifications (excluding any costs to which paragraph (a) would have applied), taking into account—
      1. any restrictions or conditions imposed by or under any enactment in relation to the relocation and reconstruction; and
      2. the location of the original works and the alternatives reasonably available to the owner of the works; and
   2. the actual cost of the relocation and reconstruction (excluding any costs to which paragraph (a) applies),—

10. Subsections (1) to (4) shall apply subject to any agreement between the person requiring the work to be done and the owner of the works to which that requirement relates.

11. The amount of any payment that is required to be made under this section shall be determined in each case—

12. by agreement between the person liable for the payment and the person to whom it is payable; or
13. failing such agreement, by arbitration under the Arbitration Act 1996, with 1 arbitrator to be appointed by each party and an umpire to be appointed by those arbitrators before entering upon their reference.

Compare

• 1982 No 27 s 48(3), (5)

Notes

• Section 33(2)(a)(iv): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
• Section 33(4): amended, on 6 August 2010, by section 16 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
• Section 33(6)(b): amended, on 1 July 1997, pursuant to section 20 of the Arbitration Act 1996 (1996 No 99).