82Safety lights

82 Safety lights (1) A person who causes: (a) any material or structure to be deposited or laid on a road; or (b) work to be carried out entailing the opening or breaking up of the surface of a road, whether or not authorised by the council, must, at the person's expense, cause: (c) lights of a type and colour and in a number that the council considers sufficient to be placed and retained near the material, structure or work; (d) the lights referred to in paragraph (c) to be illuminated from sunset to sunrise; and (e) the materials, structure or work to be fenced and enclosed to prevent damage or inconvenience to other persons, until the material or structure is removed or the road is restored. (2) A person who contravenes or fails to comply with clause (1) (4) It is a defence to a prosecution for an offence against clause (2) if