EMERGENCY MANAGEMENT ACT 2005 - SECT 48

EMERGENCY MANAGEMENT ACT 2005 - SECT 48

48 .         Additional powers when direction given

        (1)         This section applies when a direction is given under section 47.

        (2)         If the person who is given the direction (the direction recipient ) fails to comply with it, the local government may do anything that it considers necessary to achieve, so far as is practicable, the purpose for which the direction was given.

        (3)         The local government may recover the cost of anything it does under subsection (2) as a debt due from the person who failed to comply with the notice.

        (4)         If a direction recipient —

            (a)         incurs expense in complying with the direction; or

            (b)         fails to comply with such a direction and, as a consequence, is convicted and fined or has to pay to a local government the cost it incurs in doing anything under subsection (2),

                the direction recipient may apply to a court for an order under subsection (6).

        (5)         In subsection (4) —

        court means a court that would have jurisdiction to hear an action to recover a debt of the amount of the expense, fine or cost sought to be recovered by the direction recipient.

        (6)         On an application under subsection (4) the court may order —

            (a)         if the direction recipient is the owner, the occupier; or

            (b)         if the direction recipient is the occupier, the owner,

                to pay to the direction recipient so much of that expense, fine or cost as the court considers fair and reasonable in the circumstances.

        (7)         In determining what is fair and reasonable the court is to have regard to —

            (a)         the type of land involved; and

            (b)         the terms on which the occupier is occupying the land; and

            (c)         any other matter the court considers to be relevant.