88Appointment of agents for owners

88 Appointment of agents for owners (1) Where the Director is satisfied that the owner of an adjoining property cannot, after reasonable inquiry and search, be found or that the owner is incapable of acting in the matter of an agreement under this Part, the Director may, in writing, appoint a suitable person to act as the agent of and in the place of the owner of the adjoining property for the purposes of this Part.

Building Act 1993 94 (2) An appointment under subsection (1) is subject to the terms and conditions as to the discharge of the person's duties as agent and as to the payment of fees by the owner of the adjoining property, and otherwise, as the Director thinks fit. (3) An agent appointed under this section must be notified in writing of the appointment, the nature of the agent's duties, the fees to be paid to the agent by the owner of the adjoining property and the terms and conditions, if any, to which the appointment is subject.