(1) This section
applies when a direction is given under section 47.
(2) If the person who
is given the direction (the direction recipient ) fails to comply with it, the
local government may do anything that it considers necessary to achieve, so
far as is practicable, the purpose for which the direction was given.
(3) The local
government may recover the cost of anything it does under subsection (2) as a
debt due from the person who failed to comply with the notice.
(4) If a direction
recipient —
(a)
incurs expense in complying with the direction; or
(b)
fails to comply with such a direction and, as a consequence, is convicted and
fined or has to pay to a local government the cost it incurs in doing anything
under subsection (2),
the direction
recipient may apply to a court for an order under subsection (6).
(5) In subsection (4)
—
court means a court that would have jurisdiction
to hear an action to recover a debt of the amount of the expense, fine or cost
sought to be recovered by the direction recipient.
(6) On an application
under subsection (4) the court may order —
(a) if
the direction recipient is the owner, the occupier; or
(b) if
the direction recipient is the occupier, the owner,
to pay to the
direction recipient so much of that expense, fine or cost as the court
considers fair and reasonable in the circumstances.
(7) In determining
what is fair and reasonable the court is to have regard to —
(a) the
type of land involved; and
(b) the
terms on which the occupier is occupying the land; and
(c) any
other matter the court considers to be relevant.