74 Railway drains

(1)

If a drain on, above, or under any railway infrastructure or railway premises forms part of, or is used in connection with, a sewerage or stormwater drainage system that is under the control of a road controlling authority or a local authority,—

(a)

the cost of maintaining the drain must be borne by that road controlling authority or local authority; and

(b)

if the maintenance work is carried out by a licensed access provider, infrastructure owner, or railway premises owner, the cost is recoverable from the road controlling authority or local authority as a debt due to the licensed access provider, infrastructure owner, or railway premises owner.

(2)

Nothing in this section confers on a road controlling authority or local authority the right to enter any railway infrastructure or railway premises for the purposes of maintaining a drain without the prior consent of the licensed access provider or railway premises owner, which may be granted on the terms and conditions that the licensed access provider or railway premises owner thinks fit.

(3)

For the purposes of subsection (2), a licensed access provider or railway premises owner may not withhold consent in an emergency if doing so would be unreasonable.

Compare: 1992 No 111 s 11