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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:

“When there's an emergency, the council can enter your property without asking first”

If there’s a sudden emergency that might cause loss of life, injury, damage to property, or harm to the environment, or if there’s danger to any works or nearby property, a local authority can enter occupied land or buildings without telling you first. They can do this to carry out tasks they’re allowed to do under this law or other laws.

Some parts of the Search and Surveillance Act 2012 apply to this situation, but not all of them.

The local authority can also use this power to access certain infrastructure that’s controlled by a special purpose vehicle under the Infrastructure Funding and Financing Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173448.

Topics:
Government and voting > Local councils
Government and voting > Emergency management
Housing and property > Home safety and repairs
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“Enforcement officers can check if you're following local rules”

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“Rules for entering private land for local council work”

Part 8 Regulatory, 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).