48Notice to cut live fences and to clear adjoining land

48 Notice to cut live fences and to clear adjoining land

[Section 48 Amended by 16 Geo. V No. 54, s. 2 ][Section 48 Amended by No. 36 of 1958, s. 3 and Sched. 4 ][Section 48 Amended by No. 75 of 1973, s. 2 and Sched. 1 ]

(1)  The occupier of any land may, by notice in writing under his hand, require the occupier of any adjoining land –

(a) [Section 48 Subsection (1) amended by No. 32 of 2017, s. 42, Applied:01 Dec 2017] to cut and keep cut any live boundary fence to a distance of not more than one metre from the boundary line of such adjoining lands or to a height of 1.8 metres, or both; and

(b) [Section 48 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 48 Subsection (1) amended by No. 18 of 2020, Sched. 5, Applied:17 May 2023] to clear and keep clear of all gorse, briar, bramble, bracken fern, fireweed, undergrowth, or weed within the meaning of the Biosecurity Act 2019 , any land adjoining any boundary fence, to a distance of not less than 5 metres from such boundary fence.

(2)  [Section 48 Subsection (2) amended by No. 32 of 2017, s. 42, Applied:01 Dec 2017] In the event of any such occupier neglecting or refusing for the space of one month after the receipt of any such notice–

(a) to cut and keep cut any such boundary fence as aforesaid; or

(b) to clear and keep clear as aforesaid the land adjoining any boundary fence–

the occupier giving such notice as aforesaid may enter upon such adjoining land and cut such boundary fence to such width, or height, or both, as aforesaid, and may clear the land adjoining any boundary fence to such distance as aforesaid, and recover the cost of so doing from the occupier of such adjoining land in any court of competent jurisdiction.

(3)  [Section 48 Subsection (3) substituted by No. 3 of 1964, s. 36 and Sched. II ] .  .  .  .  .  .  .  .