Compliance with removal order

220 Compliance with removal order
  • (1) If no notice of objection to a removal order is lodged under section 217(1), or if the court confirms an order under section 218(1) with or without variation, the respondent must—

    • (a) comply with a removal order within the period specified in the order; and

    • (b) unless the order directs otherwise, pay all the costs and expenses of complying with the order.

    (2) If the respondent fails to comply with a removal order, the applicant, without further notice, and using the force that is reasonable in the circumstances, may—

    • (a) enter the place where the fence, structure, or vegetation is situated and any portion of the adjoining land if reasonably necessary and authorised by the court in the removal order; and

    • (b) remove or alter the fence, structure, or vegetation, or arrange for its removal or alteration in accordance with the terms of the removal order; and

    • (c) sell or otherwise dispose of structures or materials salvaged in complying with the order; and

    • (d) after allowing for any money received under paragraph (c), recover the costs and expenses incurred in carrying out the terms of the removal order as a debt from the respondent.

    (3) Costs or expenses that remain unpaid under subsection (2)(d) may be registered under the Statutory Land Charges Registration Act 1928 as a charge on a property in respect of which a removal order is made.

    (4) Section 40 of the Building Act 2004 does not apply to the removal or alteration of a fence, structure, or vegetation in accordance with this section.

    Compare: 1974 No 66 s 692ZK(1), (2), (3), (6)

    Section 220(4): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).