Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Seizure of property

164: Seizure of property not on private land

You could also call this:

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

You should know that an enforcement officer can take and hold onto things that are not on private land if they are involved in breaking the law. This can happen if it makes sense to do so in the situation. Before taking the item, the officer must tell the person breaking the law to stop. They also need to warn the person that if they don’t stop, the officer can take the item. The officer must give the person a fair chance to stop what they’re doing wrong.

If no one is holding or using the item when the officer wants to take it, they don’t need to give these warnings first.

After taking an item, the officer must give a special notice as soon as they can. They’ll give this notice to the person who had the item when it was taken. If that’s not possible, they’ll give it to the owner or someone else who has a right to the item.

In this part of the law, breaking the law means going against this Act or not following a bylaw. A bylaw is a rule made by your local council.

If you want to know more about what happens after something is taken, you can look at section 165.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173426.

Topics:
Government and voting > Local councils
Crime and justice > Police and safety
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163: Removal of works in breach of bylaws, or

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

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165: Seizure of property from private land, or

“Taking things from private property when they're involved in breaking the law”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Seizure of property

164Seizure of property not on private land

  1. An enforcement officer may seize and impound property that is not on private land if—

  2. the property is materially involved in the commission of an offence; and
    1. it is reasonable in the circumstances to seize and impound the property; and
      1. before seizing and impounding the property, the enforcement officer—
        1. directed (orally or in writing) the person committing the offence to stop committing the offence; and
          1. has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the enforcement officer has power to seize and impound the property; and
            1. provided the person with a reasonable opportunity to stop committing the offence.

            2. However, if the property is not in the possession of a person at the time the enforcement officer proposes to seize and impound the property, the enforcement officer does not have to comply with subsection (1)(c).

            3. As soon as practicable after seizing and impounding property, an enforcement officer must give a notice in the prescribed form—

            4. to the person in possession of the property at the time it was seized and impounded; or
              1. if paragraph (a) does not apply, to any person who the enforcement officer can ascertain is the owner of, or has an interest in, the property.

                1. In this section and section 165, offence—

                2. means an offence against this Act; and
                  1. includes a breach of a bylaw.