Section 337 — Property Law Act 2007: Court may impose conditions in making order under section 333
Text of the provision Official document
337 Court may impose conditions in making order under section 333 (1) In making an order under section 333 , the court may impose any conditions it thinks fit, including conditions for either or both of the following: (a) requiring the defendant to make good, or pay compensation to the applicant for, any damage caused to the land of the applicant or any property on that land, in the course of removing or trimming any tree ordered to be removed or trimmed, or the doing of any other work required to be done to eliminate or reduce the risk, obstruction, or interference complained of: (b) requiring the applicant or the defendant, or both of them, to give security for any expenses or damage. (2) The reasonable cost of any work necessary to give effect to an order made under section 333 must be met by the applicant, unless the court— (a) is satisfied, having regard to the conduct of the defendant, that it is just and equitable to require the defendant to pay the whole or any specified share of the cost of the work; and (b) gives a direction as a condition of the order accordingly. (3) Subsection (2) is subject to section 338(6) . Compare: 1952 No 51 s 129C
Official source: legislation.govt.nz
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