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Local Government Act 2002

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

173: Power of entry in cases of emergency

You could also call this:

"Local authorities can enter your property without notice in emergencies to protect people, property, or the environment."

If you are in a situation where there is a sudden emergency, a local authority can enter your land or building without telling you first. This can happen if someone's life is in danger, or if there is a risk of injury to a person, damage to property, or damage to the environment. A local authority can also enter your land if there is a danger to any nearby works or property.

When a local authority enters your land in an emergency, some rules from the Search and Surveillance Act 2012 apply, but not all of them. You can find more information about these rules in Part 4 of the Search and Surveillance Act 2012, except for subparts 2 and 3, and sections 118 and 119.

A local authority can use these powers to access certain infrastructure, like roads or bridges, that are controlled by a special company under the Infrastructure Funding and Financing Act 2020.

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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=DLM173448.

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172: Power of entry for enforcement purposes, or

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

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174: Authority to act, or

"Rules for entering private land for local council work"

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

173Power of entry in cases of emergency

  1. A local authority may, for the purpose of doing anything that it is authorised to do under this Act or any other enactment, enter occupied land or buildings without giving prior notice, if—

  2. there is a sudden emergency causing or likely to cause—
    1. loss of life or injury to a person; or
      1. damage to property; or
        1. damage to the environment; or
        2. there is danger to any works or adjoining property.

          1. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3, and sections 118 and 119) apply.

          2. A local authority may also use the powers in subsection (1) for the purpose of accessing eligible infrastructure under the control of an SPV under the Infrastructure Funding and Financing Act 2020.

          Compare
          Notes
          • Section 173(2): replaced, on , by section 271(7) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 173(3): inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).