Water Industry Competition Act 2006 No 104
Current version for 1 January 2014 to date (accessed 22 December 2014 at 21:36)

84   Court may order payment for stolen water

(1)  A court that finds a person guilty of an offence under section 72 of unlawfully causing water to be taken, wasted, diverted, consumed or used may make an order directing the person to pay to the licensed network operator or licensed retail supplier concerned such amount as the court considers appropriate for the water so taken, wasted, diverted, consumed or used.
(2)  Such an order:
(a)  may be made by a court on its own motion, or on the application of the network operator or retail supplier, at any time within 6 months after the date of the finding, and
(b)  if made by the Local Court, may be enforced in the Local Court in its exercise of jurisdiction under Part 3 of the Local Court Act 2007.
(3)  Part 8 of the Civil Procedure Act 2005 applies to and in respect of an order under this section that is made by the Local Court as if:
(a)  the order were a judgment of the Local Court in civil proceedings, and
(b)  the amount ordered to be paid were a judgment debt, and
(c)  the person against whom the order is made were a judgment debtor, and
(d)  the person in whose favour the order is made were a judgment creditor.
(4)  The remedy provided by this section is an alternative to any other remedy that may be available apart from this section.
Top of page