PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 63 Failure of Council to investigate complaint

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 63

    (1)     If the Council does not, within a reasonable time of being notified of an alleged nuisance, investigate the subject matter of the notification, the person who notified the Council may make a complaint to the Magistrates' Court of the existence of the alleged nuisance.

    (2)     If the Magistrates' Court receives a complaint under subsection (1), the Magistrates' Court may—

        (a)     summon the person alleged to be contravening section 61 to appear before the Magistrates' Court; and

        (b)     proceed as if the complaint had been made by a Council under section 197(2).

    (3)     If the Magistrates' Court is satisfied that the person making a complaint under this section had reasonable grounds for doing so, the Magistrates' Court may order the Council to pay any costs and expenses incurred by that person.

    (4)     The Magistrates' Court must not order a Council to pay any costs or expenses under subsection (3) unless the Magistrates' Court first gives the Council or its representative an opportunity to be heard.

    (5)     If the Magistrates' Court is satisfied that a complaint under this section is vexatious or frivolous, the Magistrates' Court may order the person making the complaint to pay the costs and expenses incurred by the person who has answered the complaint.