Subpart 2—Wrongly placed structures

321 Interpretation

In this subpart,—

land

(a)

means any piece or area of land; and

(b)

includes the airspace over that land; and

(c)

in the case of land actually occupied by a wrongly placed structure, also includes any land reasonably required as curtilage and for access to the structure

land affected means any land on which a structure is actually situated

land intended means any land on which a structure was intended to be situated

structure includes—

(a)

a partially built structure; and

(b)

any part of a structure

wrongly placed structure means a structure that—

(a)

is situated on or over the land affected, not being the land intended for the structure (whether or not the land intended adjoins the land affected); or

(b)

is situated on or over the land affected but was not placed there—

(i)

by, on behalf of, or in the interest of a person who was, at the time, the owner of the land affected; or

(ii)

under a contract made with, or by way of a gift made to, a person who was, at the time, the owner of the land affected.

Compare: 1952 No 51 ss 129, 129A