(1) The owner or occupier of land that adjoins a road may give notice to the
local government requiring it to advise the owner or occupier of the permanent
level that is fixed or to be fixed for the road.
(2) If the local government
has not, within 6 months after receiving the notice, given the owner or
occupier written advice about the permanent level of the road, the
local government is taken to have fixed the apparent level of the road when
the notice was given as the permanent level of the road.
(b) the owner or occupier
of land that adjoins the road is injuriously affected by the change;
the
local government must pay the owner or occupier, or their successor in title,
compensation.
(4) The compensation equals—
(a) the amount that is agreed
between the owner or occupier, or their successor in title, and the
local government; or
(b) if the owner or occupier, or their successor in
title, and the local government can not agree—the amount that is decided by
the Planning and Environment Court.
