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StatuteProperty Law Act 2007

Section 309 — Property Law Act 2007: Requirements for notice served under section 308

Text of the provision Official document

309 Requirements for notice served under section 308 Every notice served under section 308 must— (a) specify the work required to be undertaken, with sufficient details to enable the person bound to understand its nature and estimate its cost; and (b) identify the instrument or other source of the positive covenant under which the person entitled claims that— (i) the work is required to be done; and (ii) the person bound is obliged to undertake the work or contribute to its cost; and (c) if the person entitled proposes that the cost of the work be shared among 2 or more persons (whether or not including the person entitled), identify those persons and the shares to be borne by each; and (d) if the person entitled considers that it will be necessary to enter onto the land of the person bound (other than, in the case of a vehicular right of way, land actually comprised in the right of way) for the purpose of undertaking all or any part of the work, contain details of the intended purpose, extent, and duration of the proposed entry; and (e) set out the consequences that will follow if the person bound neither complies with the notice nor serves a cross-notice on the person entitled within the time specified in section 310 . Compare: 1952 No 51 s 126C(1)–(3)

Official source: legislation.govt.nz

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