sec.363Rectifying unauthorised interference

### sec.363 Rectifying unauthorised interference This section applies if a person (the identified person ) interferes with light rail transport infrastructure or light rail transport infrastructure works in contravention of section 362 (1) . If there is a light rail manager for a light rail established for the light rail transport infrastructure or for light rail transport infrastructure to which the light rail transport infrastructure works relate, the manager may give a written notice to the identified person requiring the person to rectify the interference within a stated reasonable time. The light rail manager may give the identified person the notice only if the chief executive— has been consulted about the giving of the notice; and has approved the terms of the notice. If subsection (2) does not apply, the chief executive may give a written notice to the identified person requiring the person to rectify the interference within a stated reasonable time. The identified person must comply with a notice given under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units. If the identified person does not comply with the notice, the person who gave the notice (the notifier ) may rectify the interference. The identified person must pay the amount of the notifier’s reasonable costs of— rectifying the interference; or changing the way the light rail transport infrastructure is built, maintained or operated, or the way the light the light rail transport infrastructure works are done, because of the interference. The notifier may recover the amount as a debt. In this section— rectify the interference includes the following— alter, dismantle or take away works; fix damage caused by the interference; for interference involving the carrying out of works on light rail transport infrastructure—rectify the effect of the carrying out of the works. s 363 ins 2000 No. 40 s 13 amd 2010 No. 19 s 176 (sec.363-ssec.1) This section applies if a person (the identified person ) interferes with light rail transport infrastructure or light rail transport infrastructure works in contravention of section 362 (1) . (sec.363-ssec.2) If there is a light rail manager for a light rail established for the light rail transport infrastructure or for light rail transport infrastructure to which the light rail transport infrastructure works relate, the manager may give a written notice to the identified person requiring the person to rectify the interference within a stated reasonable time. (sec.363-ssec.3) The light rail manager may give the identified person the notice only if the chief executive— has been consulted about the giving of the notice; and has approved the terms of the notice. (sec.363-ssec.4) If subsection (2) does not apply, the chief executive may give a written notice to the identified person requiring the person to rectify the interference within a stated reasonable time. (sec.363-ssec.5) The identified person must comply with a notice given under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (sec.363-ssec.6) If the identified person does not comply with the notice, the person who gave the notice (the notifier ) may rectify the interference. (sec.363-ssec.7) The identified person must pay the amount of the notifier’s reasonable costs of— rectifying the interference; or changing the way the light rail transport infrastructure is built, maintained or operated, or the way the light the light rail transport infrastructure works are done, because of the interference. (sec.363-ssec.8) The notifier may recover the amount as a debt. (sec.363-ssec.9) In this section— rectify the interference includes the following— alter, dismantle or take away works; fix damage caused by the interference; for interference involving the carrying out of works on light rail transport infrastructure—rectify the effect of the carrying out of the works. - (a) has been consulted about the giving of the notice; and - (b) has approved the terms of the notice. - (a) rectifying the interference; or - (b) changing the way the light rail transport infrastructure is built, maintained or operated, or the way the light the light rail transport infrastructure works are done, because of the interference. - (a) alter, dismantle or take away works; - (b) fix damage caused by the interference; - (c) for interference involving the carrying out of works on light rail transport infrastructure—rectify the effect of the carrying out of the works.