Neighbourhood Disputes About Plants Act 2017
21Action that may be taken if branch removal notice not complied with
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21 Action that may be taken if branch removal notice not complied with
(1) If overhanging branches to which a branch removal notice under section 20(1) relates are not removed by the day specified, in accordance with section 20(2)(a) , in the notice, the affected landholder who gave the notice –
(a) may, but is not required to, sever and remove the overhanging branches or arrange for another person to sever and remove them; and
(b) may, but is not required to, return the branches to the owner of the land on which the plant is situated.
(2) Subsection (1) does not authorise a person to enter the land on which is situated the plant to which the overhanging branches are attached.
(3) The owner of the land to whom a branch removal notice is given under section 20(1) is liable for the reasonable expenses incurred by the affected landholder under subsection (1) in –
(a) severing and removing the overhanging branches; or
(b) arranging for another person to sever and remove them –
but only to an amount that is not more than the prescribed maximum amount.
(4) The affected landholder may recover from the owner of the land to whom a branch removal notice is given under section 20(1) , as a debt due and payable to the affected landholder, the amount for which the owner is liable under subsection (3) .
(5) An owner of land to whom a branch removal notice is given under section 20(1) may apply to a magistrate to determine whether an amount for which the owner is liable under subsection (3) is fair and reasonable.
(6) A magistrate to whom an application is made under subsection (5) may, if he or she determines that the amount to which the application relates is not fair and reasonable, determine another amount to be the amount for which the owner of land is liable under subsection (3) .
(7) If a magistrate determines another amount under in relation to an owner of land, the amount determined is taken to be the amount for which the owner is liable under .