15 Power of authorised officers to carry out work on or adjacent to public land
(1) An authorised officer may enter and remain on land to –
(a) install public stormwater systems on public land or on a waterway located on, or adjacent to, public land; and
(b) carry out operational work or protective work, on public stormwater systems on public land or a waterway located on or adjacent to public land, for the provision of a stormwater service.
(2) Subject to subsections (3) and (7) , if an authorised officer seeks to enter land under this section, the officer must give the authority responsible for the land not less than 7 days' written notice stating the reason and the date and time of the proposed entry.
(3) If the purpose of the authorised officer's entry is only to undertake –
(a) investigations of existing public stormwater systems; or
(b) pre-construction investigations on public land on which the council plans to construct new public stormwater systems –
the officer must –
(c) if the occupier is present at the time of entry, give notice to the occupier before entering the land; or
(d) if the occupier is not present at the time of entry, leave notice that the officer entered the land.
(4) An authorised officer must –
(a) subject to subsection (5) , only exercise a power of entry under this section between the hours of 7 a.m. and 7 p.m. on any day; and
(b) obtain the agreement of the authority responsible for the land as to how the installation or work is to be carried out before commencing the installation or work.
(5) An authorised officer may exercise a power of entry under this section outside the hours referred to in subsection (4)(a) if a general manager determines that the relevant works can be carried out more effectively outside those hours.
(6) An authorised officer entering land under this section must produce on request an identity card issued under .
(7) In an emergency, an authorised officer may exercise a power of entry under this section –
(a) at any time and without prior notice, if it is not practicable to give such notice; and
(b) if necessary in the circumstances, by the use of reasonable force.
(8) When an authorised officer enters land under this section, the officer –
(a) may be accompanied by such other persons as the officer considers necessary or appropriate; and
(b) may bring on to the land any vehicles and equipment that the officer considers necessary or appropriate for the work which the council is to carry out on the land.
(9) If the authority responsible for the land, on being given notice under subsection (2) –
(a) seeks to include, in the agreement under subsection (4)(b) , conditions that the council considers unreasonable; or
(b) disputes that the council is entitled to carry out the proposed work –
the council may appeal to the Appeal Tribunal.
(10) Subsection (9) does not apply if the authority responsible for the land is a Minister or a person or body to whom directions may be given by a Minister in respect of the matter in dispute.
(13) A council must make good, to the satisfaction of the authority responsible for the land, any damage caused by the exercise of powers under this section as soon as practicable.
(14) If a council fails to make good, to the satisfaction of the authority responsible for the land, any damage caused by the exercise of powers under this section, the responsible authority may make good the damage itself.
(15) The cost of making good the damage referred to in subsection (14) may be recovered by the authority responsible for the land in a court of competent jurisdiction as a debt owed to it by the council.
(16) This section does not derogate from an obligation to comply with any other Act.