Local Government Act 1993 No 30
Historical version for 30 January 2012 to 3 April 2012 (accessed 23 May 2013 at 16:57) Current version
Chapter 17Introduction
Introduction. Part 1 of this Chapter provides means for enforcing the Act in addition to the summary prosecution of offences under Chapter 16. Examples of these remedies include:
•  proceedings in the Land and Environment Court to restrain a breach of the Act
•  the carrying out of work by a council following a failure by a person to carry out the work in accordance with an order of the council
•  prosecution in certain circumstances of the owner of an illegally parked vehicle instead of the actual offender
•  the issue of penalty notices.

Division 1 of Part 2 relates to functions of a council in relation to legal proceedings. Examples of these functions include:

•  the right to appear before a local land board
•  the making of allegations and their effect
•  payment of employees for expenses incurred in taking legal action on behalf of a council.

Division 2 of Part 2 deals with matters relating to evidence in legal proceedings involving a council. These include:

•  matters of which proof by a council is not required unless evidence to the contrary is given
•  matters of which judicial notice is to be taken.

Division 3 of Part 2 deals with certain notices involving a council, including the content, giving and service of the notices.

Division 4 of Part 2 deals with legal proceedings to recover unpaid rates and charges.

Division 5 of Part 2 enables the sale of land and interests in land (other than an estate or interest of the Crown in land) to recover amounts unpaid for rates and charges.

Part 3 deals with matters such as compensation and exculpation from liability that may arise as a result of proceedings involving a council.

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