New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 434

434 Powers of entry in respect of existing works

1 Subject to subsection (3), the Authority may—

a) enter upon any land for the purpose of gaining access to cables, wires, navigational aids, or other equipment owned by the Authority, being equipment installed before the date of commencement of this section; and

b) perform any act or operation necessary for the purpose of inspecting, maintaining, operating, repairing, or replacing such equipment.

2 A certificate given under the hand of the Director containing a statement that any equipment of the type referred to in subsection (1) was installed before the date of commencement of this section shall be admissible in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.

3 The power to enter land conferred by subsection (1) shall be subject to the following conditions:

a) entry to the land shall be made only by an officer, employee, or agent of the Authority authorised by it in writing, or by persons under the immediate control of such an officer, employee, or agent:

b) reasonable notice of the intention to enter the land shall be given, and the provisions of Part 10 of Te Ture Whenua Maori Act 1993 shall apply in respect of notices served in the circumstances set out in that Part:

c) entry shall be made at reasonable times:

d) the officer, employee, or agent shall have with him or her, and shall produce on initial entry and subsequently if required to do so, evidence of his or her identity and authority.

4 Subsection (3) shall not apply where the entry is necessary in circumstances of probable danger to life or property.

5 Any equipment owned by the Authority that is fixed to or installed over or under land not owned by the Authority shall be deemed to be lawfully fixed or installed and shall continue to be fixed or installed until the Authority otherwise decides, and no person other than the Authority shall have any interest in any such equipment by reason only of having an interest in the land.

Note: 1993 No 89 s 8