Building Act 2011

A person responsible for work who gives a notice to each owner of the affected land may, in accordance with subsection (2A), apply to the Magistrates Court for an order under subsection (2).

An application may be made —

if the consent sought in the notice is refused, any time after the refusal is given; or

if the consent sought in the notice is neither refused nor given and no request for further information is made within the 28 day period after the notice is given, after that period has expired; or

if the person responsible provides further information in response to the request of a person given the notice, 14 days after the further information is given.

On an application the court may order that —

a specified part of a specified building or structure may be placed into, onto or over specified land beyond the boundaries of the works land; or

specified land beyond the boundaries of the works land may be adversely affected by the work in a specified way; or

a specified protection structure may be placed into or onto specified land beyond the boundaries of the works land; or

specified work may be done which may affect the structural, waterproofing, or noise insulation capacity of a specified party wall, a specified substantial dividing fence or a specified boundary retaining wall; or

in doing specified work a specified person or a person who belongs to a specified class of person may go onto specified land and the court may specify the times of access; or

a survey may be conducted of specified land beyond the boundaries of the works land and in conducting the survey a specified person or a person who belongs to a specified class of person may go onto the specified land, and the court may specify the times of access; or

a specified fence, gate or other barrier to specified land may be removed for the purpose of going onto the land to do work or conduct a survey or for any other specified purpose.

In deciding whether to make an order under subsection (2) the court must have regard to —

the nature and likely extent of any burden or other detrimental effect to the affected land or inconvenience to an owner or user of the affected land if the order is made; and

whether there are reasonable and practicable alternative courses of action available to the person responsible for the work that do not involve the affected land.

If the court makes an order under subsection (2) in the absence of a person affected by the order, the person responsible for the work must ensure that the person is given a copy of the order as soon as practicable, but not more than 7 days, after the order is made.