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Local Government Act 2002

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

174: Authority to act

You could also call this:

“Rules for entering private land for local council work”

If you are allowed to enter private land for a local authority, you need to have a special written permission called a warrant. This warrant proves that you are allowed to enter the land.

The local authority will give you this warrant. It will have an official seal on it to show it’s real.

When you show someone this warrant, it’s enough to prove you’re allowed to enter the land.

If someone asks to see your warrant before you enter their private land, you must show it to them.

If you stop working for the local authority or if they take away your permission to enter private land, you must give the warrant back to them.

Some people don’t need this kind of warrant. These include:

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173449.

Topics:
Government and voting > Local councils
Rights and equality > Privacy
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“When there's an emergency, the council can enter your property without asking first”

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

174Authority to act

  1. If an officer of a local authority or other person is authorised by this Act or another enactment to enter private land on behalf of the local authority, the local authority must provide a written warrant under the seal of the local authority as evidence that the person is so authorised.

  2. The production of a warrant issued under subsection (1) is sufficient proof of a person's authorisation.

  3. An authorised person must, if requested, produce the warrant provided under subsection (1) before entering private land under the authority.

  4. An officer or other person must surrender to the local authority the warrant provided under subsection (1) if—

  5. the officer's appointment is terminated; or
    1. the authorisation referred to in subsection (1) is terminated.

      1. This section does not apply to—

      2. a dog control officer or dog ranger acting under a power of entry conferred by the Dog Control Act 1996; or
        1. an enforcement officer acting under a power conferred by the Resource Management Act 1991; or
          1. an inspector or authorised person acting under a power conferred by the Biosecurity Act 1993.

            Compare
            Notes
            • Section 174(5)(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).