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Public Works Act 1981

Roads - Damage to and nuisances on roads

135: Emergency work on trees, etc

You could also call this:

“When trees or plants become dangerous, officials can act quickly to make things safe”

If there’s a tree, hedge, plant, or debris that might cause immediate danger to people or property, or seriously interfere with a road or public work, the authorities can take quick action. They will try to tell you about it if you own or live on the land, but they might have to act very quickly.

The authorities can enter your land and do the work needed to remove the danger or interference. They will only do what’s necessary for now, so they can come back later and follow the normal process for any other work that needs to be done.

If the authorities do more than they should or cause damage that wasn’t needed, they’re not allowed to do that under this rule.

If the authorities have to enter your land without telling you first, they must let you know as soon as they can afterwards. If they can’t find you, they’ll put up a notice on your land to explain what happened.

You might have to pay for the work the authorities do in this emergency situation. They can ask you to pay just like they would if they had done the work under the normal process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM47375.

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Part 9 Roads
Damage to and nuisances on roads

135Emergency work on trees, etc

  1. Notwithstanding anything in section 133, if there is imminent danger to life or property, or a likelihood of serious interference with any road or public work, arising from any tree, hedge, plant, or debris, the authority may, on giving such oral notice to the occupier or (if there is no occupier) the owner of the land on which the tree, hedge, plant, or debris is situated as is practicable in the circumstances, enter on the land and do such work as is necessary and sufficient to remove the danger or serious interference for such period as will be sufficient to enable the authority to take action under section 133 in respect of any further work that may be necessary.

  2. If any authority exceeds the powers conferred by this section or causes any unnecessary damage to be done, the work shall be deemed not to have been authorised by this section.

  3. If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the owner or occupier of the land as soon thereafter as is practicable, and if the owner or occupier cannot be found, the notice shall be displayed in a prominent place on the land.

  4. All costs and expenses incurred by an authority in lawfully carrying out any work under this section may be recovered as a debt due to the authority from the person who would have been liable to pay if the work had been done under section 133.

Compare
  • 1928 No 21 s 172A
  • 1956 No 39 s 4