107Access orders

107 Access orders

(1)  Where a block is to be created under this Part, the council may, before or when notifying its approval of the plan of subdivision, notify the owner that it proposes to make an order under this section as indicated in the notification before it seals the final plan.

(2)  If the council considers that work of a substantial nature is needed to provide access for vehicles from a highway onto the block, it may refuse to seal the final plan under which the block is created until the owner has carried out the work specified in the order within the specified period or given the council security for carrying out that work if called upon by it to do so.

(3)  If the owner fails to carry out the work within a reasonable time when called upon, the council may enter and do the work and enforce the security to recover its expenses as certified by its engineer.

(4)  If the work ordered by the council includes the construction of a carriage-way serving more blocks than one –

(a) the council may direct the owner to carry out part of the work on the soil of a highway; and

(b) the owners of all blocks having a right of way over any portion of the carriage-way are to keep in good repair, properly drained and clean and tidy –

(i) the carriage-way; and

(ii) any land subject to similar rights as the carriage-way and not part of a highway.

(5)  If the council is of the opinion that the owners are in default of compliance with subsection (4) (b) , the general manager may give notice to the owners of the blocks served by the carriage-way specifying –

(a) how the default is to be remedied; and

(b) requiring them to remedy the default accordingly within the period specified in the notice.

(6)  If the owners served with a notice fail to comply within the specified period, the council may remedy their default and apportion the cost among those owners or their successors in title in such proportions as it considers appropriate.

(7)  The amount apportioned under is to be paid to the council within 30 days of the demand and is recoverable from the person liable or his or her successor in title in any court of competent jurisdiction.