170Charges for water illegally taken and damage to works

#### 170 Charges for water illegally taken and damage to works 170 Charges for water illegally taken and damage to works > > (1) A corporation may impose a charge on a person for water taken if the corporation is satisfied on the balance of probabilities that the person has knowingly taken water from a water management work that is owned by, or is under the control and management of, the corporation in contravention of this Act, the regulations, the rules or an agreement with the corporation. > > > (2) A corporation may impose a charge on a person for the repair or replacement of a work if the corporation is satisfied on the balance of probabilities that the person has destroyed, damaged or interfered with a work that is owned by, or is under the control or management of, the corporation. > > > (3) The charge imposed by the corporation may include a penalty component. > > > (4) The maximum charge that a corporation may impose under this section— > > > > > (a) for the taking of water, is an amount not exceeding 5 times the value of the water so taken, as determined in accordance with the regulations, or > > > > > (b) for destroying, damaging or interfering with a work, is an amount not exceeding 5 times the reasonable cost of the repair or replacement (as required) of the work. > > > (5) Action under this section may not be taken against a person unless the corporation— > > > > > (a) has given written notice to the person that the corporation proposes to take such action, and > > > > > (b) has given the person a reasonable opportunity to make submissions to the corporation with respect to the proposed action, and > > > > > (c) has taken any such submissions into consideration. > > > (6) A charge imposed by a corporation under this section is recoverable in any court of competent jurisdiction as a debt due to the corporation. > > > (7) A corporation is not entitled to take action under this section unless the Minister has approved the application of this section to the corporation. > > > (8) Action may be taken under this section against a former member of the corporation. > > > (9) The exercise of powers by a corporation under this section is subject to any requirements of, or limits imposed by, the regulations or the rules of a corporation. > > **s 170:** Subst 2010 No 133, Sch 2\[54\].