LOCAL GOVERNMENT ACT 1995 - SECT 3.21

LOCAL GOVERNMENT ACT 1995 - SECT 3.21

3.21 .         Duties when performing functions

        (1)         In performing its executive functions, a local government, so far as is reasonable and practicable, is to —

            (a)         ensure that —

                  (i)         the lawful use of any land, thoroughfare or premises is not obstructed, and any reasonable request that a person makes to avoid such obstruction is met; and

                  (ii)         as little harm or inconvenience is caused and as little damage is done as is possible; and

                  (iii)         danger to any person or property does not arise from anything done on land; and

                  (iv)         anything belonging to it, or to a person who has exercised a power of entry on its behalf, that has been left on any land, premises or thing entered is removed as soon as practicable unless this Act expressly allows it to be left there;

                and

            (b)         ensure that —

                  (i)         buildings, fences, and other structures are not disturbed nor damaged; and

                  (ii)         when it enters land that is fenced, it enters through the existing and usual openings in the fence unless it is expressly authorised to open the fence; and

                  (iii)         any physical damage done to any land, premises or thing, is immediately made good unless compensation has been or is to be paid.

        (2)         Subsection (1)(b) does not apply to any land, premises or thing that is local government property.