Local Government Act 1993 No 30
Historical version for 1 January 2011 to 17 February 2011 (accessed 22 May 2013 at 12:27) Current version

Division 1 General

727   Service of documents

A document required to be served on a council may be served by being given personally to the general manager or the public officer.

728   Suing for penalty

A penalty or surcharge recoverable against the council or a councillor or employee of the council may be sued for without notice by any person.

729   Proceedings alleging non-compliance with a procedural requirement

The validity or effectiveness of a decision of a council may not be questioned in any legal proceedings on the ground that, in making or purporting to make the decision, the council failed to comply with a procedural requirement of this Act or the regulations (including a requirement as to the giving of notice) unless the proceedings are commenced within 3 months after the date of the decision.

730   Compensation

(1)  A claim for compensation under section 12 (5) of the Graffiti Control Act 2008 or section 128 or 198 of this Act, in case of dispute, may by agreement between the council and the person claiming the compensation be referred to arbitration under the Commercial Arbitration Act 2010.
(2)  Failing agreement within 28 days after notice of the claim is served on the council, either party may refer the claim to the Land and Environment Court for determination.
(3)  The Land and Environment Court may hear and determine the matter and make any order with respect to the claim and the costs of the case as having regard to the circumstances of the case and to the public interest the Court thinks just.
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