Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Powers of entry

171: General power of entry

You could also call this:

"Council can enter land or buildings, except homes, to do their job, with some notice to owners."

Illustration for Local Government Act 2002

A local authority can enter any land or building, except a dwellinghouse, to do something they are allowed to do under the law. You should know that they can't just enter someone's home. If a local authority enters unoccupied land or buildings, they must tell the owner at least 24 hours before, if possible, or as soon as they can. This rule does not affect what is said in section 172 or section 173. However, this rule and sections 172 and 173 do not apply to a local authority that provides water services and is using certain powers under the Local Government (Water Services) Act 2025.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173446.

Topics:
Government and voting > Local councilsHousing and property > Land use
Previous

170: Conditions relating to power of search, or

"Rules for when police can search your things in public places"

Next

172: Power of entry for enforcement purposes, or

"Enforcement officers can enter private land with a warrant to check for bylaw or rule breaches."

Part 8Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Powers of entry

171General power of entry

  1. For the purpose of doing anything that the local authority is empowered to do under this Act or any other Act, a local authority may enter any land or building other than a dwellinghouse.

  2. Repealed

  3. Repealed

  4. If a local authority exercises the power under subsection (1) to enter unoccupied land or unoccupied buildings, the local authority must notify the owner—

  5. not less than 24 hours in advance of the intended entry if it is reasonably practicable to do so; or
    1. as early as reasonably practicable, whether before or after entry has been made.

      1. This section does not limit section 172 or section 173.

      2. However, this section and sections 172 and 173 do not apply to a local authority that is a water service provider exercising powers under subpart 4 of Part 3 of the Local Government (Water Services) Act 2025.

      Notes
      • Section 171(2): repealed, on , by section 271(4) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 171(3): repealed, on , by section 271(4) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 171(6): inserted, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).