251Court orders

251 Court orders

(1)  [Section 251 Subsection (1) amended by No. 9 of 2023, s. 21, Applied:01 Oct 2024] [Section 251 Subsection (1) amended by No. 39 of 2018, s. 39, Applied:01 Jan 2017] 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 –

(a) this Act; or

(b) a notice, order or determination under this Act.

(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:

(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;

(b) an order requiring building work or plumbing work to be performed;

(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;

(d) any necessary ancillary orders.

(3)  An application for an order under this section –

(a) may be made during proceedings for an offence under this Act; and

(ab) [Section 251 Subsection (3) amended by No. 39 of 2018, s. 39, Applied:01 Jan 2017] may be made to either the Supreme Court or the Magistrates Court; and

(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.

(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.

(5)  [Section 251 Subsection (5) inserted by No. 39 of 2018, s. 39, Applied:01 Jan 2017] For the avoidance of doubt –