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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Powers of territorial authorities to make bylaws

146: Specific bylaw-making powers of territorial authorities

You could also call this:

“Councils can create local rules to manage their community”

You can make rules, called bylaws, for your local area. These rules can be about different things to help manage your community.

You can make rules about how people handle waste in their homes, like toilets and sinks. You can also make rules about how to manage rubbish and recycling.

You can make rules about keeping animals, like pets or farm animals. You can also decide how people can sell things in public places.

Your rules can protect important things in your area. This includes water supplies, drains, cemeteries, and parks. You want to make sure these things don’t get damaged or misused.

If you make rules about wastewater (the dirty water from toilets and sinks), you need to follow the standards set by the Water Services Act 2021. This applies to any rules made after 15 November 2021.

If you make rules about stormwater (the water that runs off roads and roofs when it rains), you need to follow the standards set by the Water Services Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172979.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
Housing and property > Home safety and repairs
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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Powers of territorial authorities to make bylaws

146Specific bylaw-making powers of territorial authorities

  1. Without limiting section 145, a territorial authority may make bylaws for its district for the purposes—

  2. of regulating 1 or more of the following:
    1. on-site wastewater disposal systems:
      1. waste management:
        1. trade wastes:
          1. solid wastes:
            1. keeping of animals, bees, and poultry:
              1. trading in public places:
              2. of managing, regulating against, or protecting from, damage, misuse, or loss, or for preventing the use of, the land, structures, or infrastructure associated with 1 or more of the following:
                1. water races:
                  1. water supply:
                    1. wastewater, drainage, and sanitation:
                      1. land drainage:
                        1. cemeteries:
                          1. reserves, recreation grounds, or other land under the control of the territorial authority:

                            1. If a territorial authority makes bylaws under section 145 or subsection (1) regulating a wastewater network, as defined in section 5 of the Water Services Act 2021, the bylaws must give effect to any wastewater environmental performance standards made under section 138 of that Act.

                            2. Subsection (2) applies to bylaws made on and after the commencement of section 211 of the Water Services Act 2021.

                            3. If a territorial authority makes bylaws under this Act or the Reserves Act 1977 relating to a stormwater network, the bylaws must give effect to any stormwater environmental performance standards made under section 139A of the Water Services Act 2021.

                            Notes
                            • Section 146(1)(c): repealed, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                            • Section 146(2): inserted, on , by section 211 of the Water Services Act 2021 (2021 No 36).
                            • Section 146(3): inserted, on , by section 211 of the Water Services Act 2021 (2021 No 36).
                            • Section 146(4): inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).