Canterbury Earthquake Recovery Bill

  • enacted
39  Provisions relating to demolition or other works
  • (1) This section applies if any works are to be carried out under section 38.

    (2) The chief executive may—

    • (a) put up a hoarding or fence to prevent people from approaching works nearer than is safe:

    • (b) attach in a prominent place on, or adjacent to, the works a notice that warns people not to approach the works:

    • (c) by written notice direct an owner, occupier, or other person to leave the works or land for a specified period or until further notice:

    • (d) give written notice of the work to be carried out.

    (3) If practicable, a copy of a notice under subsection (2)(d) must be given to—

    • (a) the owner of the building or land; and

    • (b) every occupier of the building or land; and

    • (c) every person who has an interest in the land on which the works are situated that is registered under the Land Transfer Act 1952; and

    • (d) every person claiming an interest in the land that is protected by a caveat lodged and in force under section 137 of the Land Transfer Act 1952.

    (4) If it is necessary to enter any land to carry out any work, any notice under subsection (2)(d) to the occupier must be given not less than 24 hours in advance.

    (5) No notice needs to be given under subsection (4) if the work is necessary because of—

    • (a) sudden emergency causing or likely to cause—

      • (i) loss of life or injury to a person; or

      • (ii) damage to property; or

      • (iii) damage to the environment; or

    • (b) danger to any works or adjoining property.

    (6) The chief executive must ensure that, if the power in subsection (5) is exercised, the occupier and, if the occupier is not the owner, the owner of the land or building are informed of the exercise of that power as soon as practicable.

    (7) Any notice under subsection (2)(c) must be given at least 1 month in advance, but there is no right of appeal or objection against the notice.