sec.36Notice of entry or permission to enter

### sec.36 Notice of entry or permission to enter The person who is proposing to occupy and use land under section 35 ( proposed temporary occupier ) must— give at least 7 days written notice to the owner or occupier of the land and the following persons— if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered; if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or obtain the written approval of the owner or occupier to the occupation or use. The notice must state— the road works, accommodation works or land management activities to be carried out; and the use proposed to be made of the land; and details of the things proposed to be done on the land; and an approximate period when the occupation or use is expected to continue; and if accommodation works or land management activities are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the proposed temporary occupier about the accommodation works or land management activities proposed to be carried out on the land. A notice may be given under subsection (1) in relation to land even if it is proposed to resume the land for road works. If accommodation works or land management activities are proposed to be carried out on the land, the proposed temporary occupier must consider any submissions that are made within the 7 days after the notice is given, before carrying out the accommodation works or land management activities. After the end of 7 days after service of a notice under subsection (1) , or with the agreement of the owner or occupier, the land may be entered and the road works, accommodation works or land management activities specified in the notice carried out. If urgent remedial attention is required, subsection (1) does not apply but the person who is proposing to occupy or use the land must, if it is practicable, notify the owner or occupier of the land orally. In this section— land management activity see section 35 (3) . s 36 amd 2014 No. 43 s 26 ; 2020 No. 21 s 34 ; 2024 No. 2 s 80 sch 1 (sec.36-ssec.1) The person who is proposing to occupy and use land under section 35 ( proposed temporary occupier ) must— give at least 7 days written notice to the owner or occupier of the land and the following persons— if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered; if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or obtain the written approval of the owner or occupier to the occupation or use. (sec.36-ssec.2) The notice must state— the road works, accommodation works or land management activities to be carried out; and the use proposed to be made of the land; and details of the things proposed to be done on the land; and an approximate period when the occupation or use is expected to continue; and if accommodation works or land management activities are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the proposed temporary occupier about the accommodation works or land management activities proposed to be carried out on the land. (sec.36-ssec.3) A notice may be given under subsection (1) in relation to land even if it is proposed to resume the land for road works. (sec.36-ssec.4) If accommodation works or land management activities are proposed to be carried out on the land, the proposed temporary occupier must consider any submissions that are made within the 7 days after the notice is given, before carrying out the accommodation works or land management activities. (sec.36-ssec.5) After the end of 7 days after service of a notice under subsection (1) , or with the agreement of the owner or occupier, the land may be entered and the road works, accommodation works or land management activities specified in the notice carried out. (sec.36-ssec.6) If urgent remedial attention is required, subsection (1) does not apply but the person who is proposing to occupy or use the land must, if it is practicable, notify the owner or occupier of the land orally. (sec.36-ssec.7) In this section— land management activity see section 35 (3) . - (a) give at least 7 days written notice to the owner or occupier of the land and the following persons— (i) if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered; (ii) if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or - (i) if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered; - (ii) if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or - (b) obtain the written approval of the owner or occupier to the occupation or use. - (i) if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered; - (ii) if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or - (a) the road works, accommodation works or land management activities to be carried out; and - (b) the use proposed to be made of the land; and - (c) details of the things proposed to be done on the land; and - (d) an approximate period when the occupation or use is expected to continue; and - (e) if accommodation works or land management activities are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the proposed temporary occupier about the accommodation works or land management activities proposed to be carried out on the land.