Local Government Act 1993 No 30
678 Failure to comply with order—carrying out of work
by the council
(1) If a person fails to comply with the terms of an order given to
the person under Part 2 of Chapter 7, the council may do all such things as
are necessary or convenient to give effect to the terms of the order,
including the carrying out of any work required by the
(2) If the council gives effect to an order by demolishing a building,
(a) may remove any materials concerned, and
(b) may sell the materials, unless the expenses of the council in
giving effect to the terms of the order are paid to it within 14 days after
removal of the materials.
(3) If the proceeds of such a sale exceed the expenses incurred by the
council in relation to the demolition and the sale, the council:
(a) may deduct out of the proceeds of the sale an amount equal to
those expenses, and
(b) must pay the surplus to the owner on
(4) If the proceeds of sale do not exceed those expenses, the
(a) may retain the proceeds, and
(b) may recover the deficiency (if any) together with its costs of
recovery from the owner as a debt.
(5) Materials removed that are not saleable may be destroyed or
otherwise disposed of.
(6) Any expenses incurred by the council under this section (less the
proceeds, if any, of any sale under this section) together with all its
associated costs may be recovered by the council in any court of competent
jurisdiction as a debt due to the council by the person
(7) Nothing in subsection (3), (4) or (6) affects the owner’s
right to recover any amount from any lessee or other person liable for the
expenses of repairs.
(8) A reference in subsection (4) or (6) to costs is a reference to
costs incurred by the council in seeking to recover the deficiency or expenses
otherwise than by proceedings in a court, but nothing in this section prevents
the council from receiving costs as between party and party in respect of
(9) A council may exercise its functions under this section
irrespective of whether the person concerned has been prosecuted for an
offence under section 628.
(10) In any proceedings before the Land and Environment Court that are
brought by a council against a person as a result of the person’s
failure to comply with an order under Part 2 of Chapter 7, the Court may, at
any stage of the proceedings, order the council to exercise the
council’s functions under this section. Having made such an order, the
Court may continue to hear and determine the proceedings or may dismiss the
Note. Section 193 requires the council to give the owner or occupier of
premises written notice before a person authorised to enter premises under
Part 2 of Chapter 8 of the Act does so.