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Building Act 2016
251Court orders
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### 251 Court orders
> > (1) [*\[Section 251 Subsection (1) amended by No. 9 of 2023, s. 21, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS21@EN) [*\[Section 251 Subsection (1) amended by No. 39 of 2018, s. 39, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS39@Hpa@EN) The Director of Building Control, or a permit authority, may apply to a court for an order in relation to a contravention or likely contravention of –
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> > > > (a) this Act; or
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> > > > (b) a notice, order or determination under this Act.
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> > (2) The court, if satisfied that a contravention has been or is likely to be committed, may make any one or more of the following orders:
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> > > > (a) an order to restrain the contravention or other conduct by the person by whom the contravention is committed or is likely to be committed;
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> > > > (b) an order requiring building work or plumbing work to be performed;
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> > > > (c) an order requiring the payment of money into court in respect of any building work or plumbing work performed or to be performed by the permit authority;
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> > > > (d) any necessary ancillary orders.
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> > (3) An application for an order under this section –
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> > > > (a) may be made during proceedings for an offence under this Act; and
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> > > > (ab) [*\[Section 251 Subsection (3) amended by No. 39 of 2018, s. 39, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS39@Hpb@EN) may be made to either the Supreme Court or the Magistrates Court; and
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> > > > (b) must not be made in relation to a matter that is subject to an appeal to the appeal tribunal that has not been finally disposed of.
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> > (4) An order may be made under this section instead of, or in addition to, any other order or penalty imposed in proceedings under this Act.
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> > (5) [*\[Section 251 Subsection (5) inserted by No. 39 of 2018, s. 39, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS39@Hpc@EN) For the avoidance of doubt –
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> > > > (a) an application made under this section to the Magistrates Court on, or after, the commencement of this Act is taken to have been validly made; and
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> > > > (b) any decision made by the Magistrates Court in respect of such an application is taken to have been validly made.