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Carol Byles v Northland Regional Council [2016] NZDC 19894

Published 02 March 2017

Appeal from order to remove obstruction — Land Drainage Act 1908, s 62 — Titford v Northland Regional Council DC Kaitaia CIV-2009-029-123, 21 June 2010. The appellant had been ordered under s 62 to remove a culvert at a stream crossing, on the grounds that it was causing damage to upstream properties due to flooding and it was reasonable for the Council to require that it be removed. This proceeding considered the appeal from that decision. Section 62 was interpreted with "Titford" considered, and the Judge determined that the parties should be given a final opportunity to consider an agreed outcome. It was not within the Judge's s 62 discretion to craft an appropriate cost-sharing order himself, although the Judge expressed the cost should not fall entirely on the appellant. Judgment Date: 21 November 2016.

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