Section 322 — Property Law Act 2007: Certain persons may apply for relief for wrongly placed structure
Text of the provision Official document
322 Certain persons may apply for relief for wrongly placed structure (1) The following persons may apply to a court for relief, under section 323 , for a wrongly placed structure: (a) the owner, occupier, or mortgagee of, or the holder of any other encumbrance over, the land affected by the wrongly placed structure: (b) the owner, occupier, or mortgagee of, or the holder of any other encumbrance over, the land intended for the wrongly placed structure: (c) any person by whom, or on whose behalf, or in whose interest the wrongly placed structure was placed on or over the land affected: (d) any person who has an interest in the wrongly placed structure: (e) the relevant territorial authority. (2) The application may be made whether the wrongly placed structure was placed on or over the land affected— (a) before or after any boundary of that land or of the land intended for the structure was fixed; or (b) before or after this Act comes into force. (3) Unless the court directs otherwise, the application must be served by the applicant on each person who could have made an application under subsection (1). Compare: 1952 No 51 ss 129 , 129A
Official source: legislation.govt.nz
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