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:

“Local councils can go into places to do their job, but they must tell the owner first”

A local authority can enter any land or building, except for a dwellinghouse, to do things they are allowed to do under this Act or any other Act.

If the local authority wants to enter unoccupied land or buildings, they need to tell the owner. They should try to let the owner know at least 24 hours before they plan to enter. If that’s not possible, they should tell the owner as soon as they can, even if it’s after they’ve already entered.

This rule doesn’t change what’s said in section 172 or section 173 of the Act.

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

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Part 8 Regulatory, 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 Repealed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 Repealed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.

      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      • Section 171(2): repealed, on , by section 271(4) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 171(3): repealed, on , by section 271(4) of the Search and Surveillance Act 2012 (2012 No 24).