(1) A council may, by agreement with the owner or occupier of any private land, carry out on the land any kind of work that may lawfully be carried out on the land.Note. Examples of the kind of work that a council might carry out under this section include:• paving and roadmaking• kerbing and guttering• fencing and ditching• tree planting and tree maintenance• demolition and excavation• land clearing and tree felling• water, sewerage and drainage connections• gas and electricity connections.(2) A council must not carry out work under this section unless:(a) it has first fixed, generally or in the particular case, an amount or rate for carrying out the work after considering the actual cost of carrying out the work and any current market rates relevant to the carrying out of the work, and(b) if the amount for which, or the rate at which, it proposes carrying out the work is less than the amount or rate so fixed, the decision to carry out the work is made by resolution of the council at an open meeting before the work is carried out.(3) A council must include details or a summary of any resolutions made under this section and of work carried out under subsection (2) (b) in its next annual report.(4) A report of work to which subsection (2) (b) applies must be given to the next meeting of the council after the work is carried out specifying:• the person for whom the work was carried out• the nature of the work• the type and quantity of materials used• the charge made for those materials• the total of the number of hours taken by each person who carried out the work• the total amount charged for carrying out the work (including the charge made for materials)• the reason for carrying out the work.(5) This section does not apply to work carried out by a council, or by two or more councils jointly, for another council or for a public authority.(6) This section does not apply to any graffiti removal work carried out by a council in accordance with section 67A or 67B.
Local Government Act 1993 No 30