PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 62 Notification of nuisance

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 62

    (1)     If a person believes that a nuisance exists, that person may notify the Council in whose municipal district the alleged nuisance exists.

    (2)     The Council must investigate any notice of a nuisance.

    (3)     If, upon investigation, a nuisance is found to exist, the Council must—

        (a)     take any action specified in subsection (4) that the Council considers appropriate; or

        (b)     if the Council is of the opinion that the matter is better settled privately, advise the person notifying the Council of the nuisance of any available methods for settling the matter privately.

    (4)     For the purposes of subsection (3)(a), the Council may—

        (a)     if section 66 applies, exercise the powers conferred by that section;

        (b)     issue an improvement notice or a prohibition notice;

        (c)     bring proceedings under section 219(2) for an offence against this Act.

Note

See section 197 in relation to the power of a Council to bring proceedings after it has issued an improvement notice or a prohibition notice in respect of a nuisance.