Section 220 — Building Act 2004: Territorial authority may carry out building work on default

220 Territorial authority may carry out building work on default (1) This section applies if— (a) a person is required, under this Act, by a building consent authority, territorial authority, or regional authority to carry out any building work on, or in connection with, any building; and (b) either— (i) that person, after being given notice of the requirement, fails to commence to comply with the notice within the time stated in the notice or, if the time is not so stated, within a reasonable time; or (ii) that person, after a certificate from any officer of the territorial authority that the work is of an urgent nature is communicated to him or her, defaults for 24 hours from the time of that communication; and (c) that person does not immediately proceed with the work with all reasonable speed. (2) The territorial authority may apply to a District Court for an order authorising the territorial authority to carry out building work. (3) Before the territorial authority applies to a District Court under subsection (2) , the territorial authority must give the owner of the building not less than 10 days' notice of its intention to do so. (4) If a territorial authority carries out building work under the authority of an order made under subsection (2) ,— (a) the owner of the building is liable for the costs of the work; and (b) the territorial authority may recover those costs from the owner; and (c) the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out. (5) Any building work required to be carried out under subsection (2) may include the demolition of all or part of a building. Compare: 1991 No 150 s 74