Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - The Crown bound by certain bylaws

153: The Crown bound by certain bylaws

You could also call this:

“The government must follow some rules made by local councils”

The Crown (which means the government) must follow certain rules made by local authorities. These rules are called bylaws. The Crown has to follow bylaws about trade wastes, solid wastes, water supply, and stormwater from buildings and drainage from infrastructure.

The Crown doesn’t have to follow other bylaws made by local authorities under this part of the law. However, there’s an important exception. If not following a bylaw could cause harm to public health or safety, then the Crown must follow that bylaw too.

When we say ‘the Crown’, we’re talking about the government and its agencies. Local authorities are like your city council or district council. They make rules (bylaws) to help manage things in your area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172998.

Topics:
Government and voting > Local councils
Environment and resources > Town planning

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“Rules about fires can change without asking everyone”


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154: Power of exemption, or

“The government can decide not to follow local rules if it's important for the whole country”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: The Crown bound by certain bylaws

153The Crown bound by certain bylaws

  1. The Crown is bound by bylaws made by a local authority under any of the following provisions:

  2. section 146(a)(iii), in relation to trade wastes:
    1. section 146(a)(iv), in relation to solid wastes:
      1. section 146(b)(ii), in relation to water supply:
        1. section 146(b)(iii), in relation to stormwater from any building and drainage from any infrastructure.
            1. The Crown is not bound by bylaws made by a local authority under any other provision of this Part.

            2. However, the Crown is bound by any bylaw if non-compliance with that bylaw by the Crown would be likely to have an adverse effect on public health or safety.

            Notes
            • Section 153(1)(e): repealed, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).