333 Court may order removal or trimming of trees or removal or alteration of structures

(1)

A court may, on an application under section 334, order an owner or occupier of land on which a structure is erected or a tree is growing or standing—

(a)

to remove, repair, or alter the structure; or

(b)

to remove or trim the tree.

(2)

An order may be made under subsection (1) whether or not the risk, obstruction, or interference that the structure or tree is causing—

(a)

constitutes a legal nuisance; and

(b)

could be the subject of a proceeding otherwise than under this section.

(3)

Subsection (4) applies if—

(a)

the applicant’s land may be used for residential purposes under rules in the relevant proposed or operative district plan; and

(b)

the application is made in relation to the use or enjoyment of the land for those purposes; but

(c)

no building intended for residential purposes has been erected on the land.

(4)

The court may not make an order under subsection (1) unless satisfied that the building will be erected on the land within a reasonable time and, if the court makes the order,—

(a)

the order does not take effect unless and until the building is erected; and

(b)

if the building is not erected within a reasonable time, the order may be vacated on the application of any interested person.

Compare: 1952 No 51 s 129C