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StatuteResource Management Act 1991

Section 331 — Resource Management Act 1991: Reimbursement or compensation for emergency works

Text of the provision Official document

331 Reimbursement or compensation for emergency works (1) Where the local authority or consent authority takes action under section 330(2) 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 314(2) ). (1A) Where 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 314(1)(d) . (2) Every— (a) Person having an estate or interest in land that is injuriously affected by the exercise of any power under section 330(2) ; and (b) Other person suffering any damage as a result of the exercise of that power— shall be entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by his or her duties under the Act. (3) Any compensation under subsection (2) shall 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, shall apply accordingly. Subsection (1) was amended, as from 7 July 1993, by section 152(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the word “ require ” for the words “ seek an enforcement order under section 314(1)(d) for ” and by substituting the words “ actual and reasonable costs (as defined in section 314(2)) ” for the words “ actual or reasonable costs ” . Subsection (1A) was inserted by section 152(2) Resource Management Amendment Act 1993 (1993 No 65).

Official source: legislation.govt.nz

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