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Building Act 2004

Building - Safety of dams - Dangerous dams

158: Regional authority must apply to District Court for confirmation of warrant

You could also call this:

“The safety group must ask a judge to confirm if their actions to enter someone's property were okay.”

When the head of a regional authority issues a warrant under section 157(2), they must ask the District Court to confirm it after they’ve done what the warrant says. This is unless the dam owner tells the authority they’re okay with the entry onto their land, don’t need the court to confirm it, and pay the costs mentioned in section 157(3)(a).

When the District Court looks at the warrant, they can do one of three things: they can confirm it as it is, confirm it with some changes, or cancel it completely.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307342.

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“ The regional authority can take quick action to keep people safe if a dam looks dangerous ”

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Part 2 Building
Safety of dams: Dangerous dams

158Regional authority must apply to District Court for confirmation of warrant

  1. If the chief executive of a regional authority issues a warrant under section 157(2), the regional authority, on completion of the action stated in the warrant, must apply to the District Court for confirmation of the warrant.

  2. On hearing the application, the District Court may—

  3. confirm the warrant without modification; or
    1. confirm the warrant subject to modification; or
      1. set the warrant aside.

        1. Subsection (1) does not apply if—

        2. the owner of the dam concerned notifies the regional authority that—
          1. the owner does not dispute the entry into the owner's land; and
            1. confirmation of the warrant by the District Court is not required; and
            2. the owner pays the costs referred to in section 157(3)(a).

              Compare
                Notes
                • Section 158(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 158(3)(a)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).