Page:Community Disputes Resolution Act 2015.pdf/7

8 :(g) allowing an animal owned by or under the care or control of the respondent to trespass on the neighbour’s place of residence, to cause excessive noise or smell, or to defecate or urinate at or in the vicinity of the neighbour’s place of residence.

(3) A neighbour of a respondent may bring civil proceedings in a court against the respondent for the respondent’s wrongful act or omission in subsection (1).

(4) For the purposes of this section, a neighbour of a respondent is an individual who lawfully resides in a place of residence—
 * (a) that is in the same building as the respondent’s place of residence; or
 * (b) that is within 100 metres of the respondent’s place of residence,

but does not include an individual who occupies the same place of residence as the respondent. Illustration X and Y live in the same apartment but in different rooms. X and Y occupy the same place of residence.

(5) For the purposes of subsection (4)(b), that distance is to be measured from any part of the boundary of one place of residence to any part of the boundary of the other place of residence.

Orders of court

5.—(1) A court may make one or more of the following orders if the court is satisfied on a balance of probabilities that a claim under section 4 by a respondent’s neighbour has been made out against the respondent, and is satisfied that it is just and equitable to do so:
 * (a) an order for damages;
 * (b) an order granting an injunction;
 * (c) an order for specific performance;
 * (d) an order that the respondent provides an apology to the neighbour, in such form or manner as the court thinks fit;