Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Recovery for damage

176: Costs of remedying damage arising from breach of bylaw

You could also call this:

“Paying to fix damage when you break a local rule”

If you break a bylaw and are found guilty, you might have to pay for fixing any damage you caused. This is on top of any other punishment you might get for breaking the rule.

The court will decide how much you need to pay to fix the damage. You’ll have to pay this amount just like you would pay a fine.

Remember, this payment for fixing the damage is separate from any other fine or punishment you might get for breaking the bylaw. You might have to pay both.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173452.

Topics:
Government and voting > Local councils
Crime and justice > Criminal law
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175: Power to recover for damage by wilful or negligent behaviour, or

“Councils can make you pay for breaking or messing with their stuff”

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177: Appointment of enforcement officer, or

“Councils can choose people to help make sure everyone follows the rules”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Recovery for damage

176Costs of remedying damage arising from breach of bylaw

  1. A person who has been convicted of an offence against a bylaw is liable to pay to the local authority concerned the costs of remedying any damage caused in the course of committing the offence.

  2. The costs must be assessed by a District Court Judge and are recoverable as if they were a fine.

  3. Costs recoverable under this section are in addition to any penalty for which the person who committed the offence is liable.

Compare
Notes
  • Section 176(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).