Local Government Act 2002

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs

Subpart 3—Powers in relation to private land

Construction of works

181 Construction of works on private land

(1)

A local authority may construct works on or under private land or under a building on private land that it considers necessary for—

(a)

the supply by territorial authorities of water by means of reticulated systems:

(b)

the supply of water through water races:

(c)

trade wastes disposal:

(d)

land drainage and rivers clearance.

(2)

A territorial authority may construct works on or under private land or under a building on private land that it considers necessary for sewage and stormwater drainage.

(3)

A local authority or a territorial authority, as the case may be, must not exercise the power in subsection (1) or subsection (2) unless it has—

(a)

the prior written consent of the owner of the land to the construction of the work; or

(b)

complied with the requirements of Schedule 12.

(4)

A local authority may enter the land to inspect, alter, renew, repair, or clean any work constructed under this section or under the corresponding provision of a former Act.

(5)

The power in subsection (4) must not be exercised without first giving reasonable notice of the intention to enter the land to the owner and occupier (if any).

(6)

This section applies subject to the Public Works Act 1981 as to compensation for injurious affection to land.

Compare: 1974 No 66 s 708

Section 181(1)(a): substituted, on 7 July 2004, by section 18 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).