22Power of entry

#### 22 Power of entry 22 Power of entry > > (1) For the purposes of this Part the Ministerial Corporation, or any person authorised by it, may enter on any land and take levels and make surveys and marks, and fix pegs and stakes, and inspect any works. > > > (2) Any person who removes, injures, or interferes with any marks made, or pegs or stakes fixed as aforesaid, shall be liable to a penalty not exceeding 5 penalty units, or to imprisonment for a term not exceeding three months. > > > (3) The Ministerial Corporation may, by any of its officers, employees or agents, enter on any land and— > > > > > (a) remove any dam or weir or any other work forming an unlawful obstruction to the flow of water in a river, and > > > > > (b) prevent or stop any unlawful diversion of water from a river or lake, whether by dismantling a pump or blocking the offtake of a race or by such other means as the Ministerial Corporation considers necessary. > > > (4) The Ministerial Corporation may recover in any court of competent jurisdiction as a debt due to it from the occupier of the land from which any work has been removed under subsection (3), or of the land on which the diversion of water was prevented or stopped under that subsection, the expenses incurred by it in carrying out the removal or, as the case may be, in preventing or stopping the diversion. > > > (5) Where judgment has been obtained against an occupier of land under subsection (4) and that occupier is not the owner of the land, that occupier may apply to the Civil and Administrative Tribunal to apportion between that occupier and the owner of the land the amount adjudged to be paid to the Ministerial Corporation under that subsection and any costs awarded against the occupier in connection with that judgment, and, on any such application being made to it, the Civil and Administrative Tribunal may make such apportionment of that amount and those costs as it considers fair and just. > > **s 22:** Am 1921 No 4, sec 2 (g); 1970 No 5, Sch; 1977 No 103, Sch 4 (2); 1978 No 121, Sch 1 (11); 1992 No 112, Sch 1; 1999 No 87, Sch 1 \[8\]; 2013 No 95, Sch 8.20 \[15\].