61Obstruction of water mains and sewer mains

#### 61 Obstruction of water mains and sewer mains 61 Obstruction of water mains and sewer mains > > (1) This section applies if a registered operator has reasonable cause to believe that any of its water mains or sewer mains could be damaged, destroyed or adversely affected by any nearby structure or thing that, since the water mains or sewer mains were laid, has been erected or installed on a public road or public reserve. > > > (2) In those circumstances, the registered operator— > > > > > (a) may serve a written notice on the person having control of the structure or thing requiring that person to modify or remove it, or > > > > > (b) in an emergency, may, at its own expense, modify or remove the structure or thing itself. > > > (3) A notice served on a person under subsection (2) (a)— > > > > > (a) must specify the work to be carried out, and > > > > > (b) must specify a reasonable time within which the work is to be carried out. > > > (4) If the person fails to carry out the work in accordance with the notice, the registered operator may carry out the work itself. > > > (5) The cost of— > > > > > (a) carrying out the work referred to in the notice, and > > > > > (b) repairing any damage done to the water main or sewer main by the structure or thing, > > > > may be recovered by the registered operator in a court of competent jurisdiction as a debt owed to it by the person. > > > (6) A registered operator may apply for an injunction to prevent a structure or thing being placed in, on or near any of its water mains or sewer mains. > > > (7) A registered operator may take action under this section even if the person having control of the structure or thing owns or occupies the land in, on or over which the water main or sewer main is situated. > > > (8) In the circumstances referred to in subsection (7)— > > > > > (a) the registered operator is liable to the owner of the structure or thing for any loss or damage suffered by the owner as a consequence of the work referred to in subsection (4), and > > > > > (b) the costs referred to in subsection (5) are not recoverable under that subsection, > > > > unless the existence, in its present position, of the structure or thing concerned contravenes the terms of any easement, agreement or other authority that supports the presence of the water main or sewer main in, on or over the land. > > **s 61:** Am 2021 No 26, Sch 1\[21\].