Notice of damage
190 Notice of damage
This section applies if—
an authorised officer damages property, a structure, works or thing when exercising or purporting to exercise a power under this part; or
a person (the other person) acting under the direction of an authorised officer damages property, a structure, works or thing.
The officer must immediately give notice of particulars of the damage to the person who appears to the officer to be the owner of the property, structure, works or thing.
If the officer believes the damage was caused by a latent defect in the property, structure, works or thing or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice.
If, for any reason, it is impracticable to comply with subsection (2), the officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
This section does not apply to damage the officer reasonably believes is trivial.
In subsection (2)—
owner, of property, structure, works or thing, includes the person in possession or control of it.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.