Public Health Act 2005

This section applies if the recipient of a public health order has complied with the order and considers another person (the third party) is wholly or partly responsible for the public health risk the subject of the order.

The recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the cost recovery order).

The application must—

be sworn; and

state the grounds on which the application is made; and

state the name of the third party; and

state the amount sought from the third party; and

be accompanied by a copy of the public health order.

The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.