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Planning Bill

Enforcement and other matters - Emergency works

278: Reimbursement or compensation for emergency works

You could also call this:

"Paying back costs or getting compensation for emergency work done by the council"

Illustration for Planning Bill

If a local authority or consent authority takes action because someone did not do what they were supposed to, you may have to pay back the authority's costs. The authority can ask you to pay back the costs if you did not do what you were supposed to and they had to take action under section 275(3). You have 20 working days to pay the costs. If the authority takes action under section 275(3) and you own land that is affected, you may be able to get compensation for any damage that was not your fault. This also applies if you are someone who suffers damage because of the authority's action. You can get compensation if you did not cause the damage. You must claim and determine any compensation according to Part 5 of the Public Works Act 1981. This means you follow the rules in that Act to get your compensation. The rules apply to you with some 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=LMS1534735.

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Topics:
Environment and resources > Town planningHousing and property > Land useMoney and consumer rights > Consumer protection
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277: Emergency works under Civil Defence Emergency Management Act 2002, or

"Doing emergency work to keep people safe during a disaster"

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"Special rules for emergencies, like natural disasters, to keep people safe"

Part 6Enforcement and other matters
Emergency works

278Reimbursement or compensation for emergency works

  1. If the local authority or consent authority takes action under section 275(3) 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 232(1)(d)).

  2. If 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 232(1)(d).

  3. The following are entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by their duties under the Act:

  4. every person having an estate or interest in land that is injuriously affected by the exercise of any power under section 275(3):
    1. every other person suffering any damage as a result of the exercise of that power.

      1. Any compensation under subsection (2) must 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, apply accordingly.