Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Removal of works

163: Removal of works in breach of bylaws

You could also call this:

“Council can remove things built against the rules and make you pay”

If a local authority has a bylaw that allows it, they can take down or change anything that someone has built or put up against the rules. This could be things like fences, signs, or other structures that don’t follow the bylaw.

If the local authority does remove or change something, they can make the person who broke the rules pay for it. This means you might have to pay if you build something that doesn’t follow the rules and the local authority has to fix it.

Even if the local authority takes down or changes what you’ve built, and even if you pay for it, you can still get in trouble for breaking the rules in the first place. The bylaw might have other punishments or consequences that you’ll still have to face.

Remember, it’s important to check the rules before you build or put up anything in your community. If you’re not sure, you can always ask your local council for help.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173424.

Topics:
Government and voting > Local councils
Housing and property > Land use
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“Courts can order people to stop breaking local rules”

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164: Seizure of property not on private land, or

“Police can take things used for breaking rules in public places”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Removal of works

163Removal of works in breach of bylaws

  1. If authorised by a bylaw to do so, a local authority may—

  2. remove or alter a work or thing that is, or has been, constructed in breach of a bylaw; and
    1. recover the costs of removal or alteration from the person who committed the breach.

      1. Nothing done under subsection (1) or in a bylaw referred to in that subsection relieves the person who committed the breach from any other liability for the breach of the bylaw.

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