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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers in relation to private land - Construction of works

181: Construction of works on private land

You could also call this:

"Building on private land: when councils can construct things on someone else's property"

Illustration for Local Government Act 2002

A local authority can build things on or under private land if it thinks it's necessary. You might see them building things for water supply, land drainage, or rivers clearance. They can also build things for sewage and stormwater drainage.

If a local authority wants to build something on private land, they must get the owner's written consent first or follow the rules in the Schedule 12. A local authority can enter private land to inspect, alter, or repair any work they built.

They must give the owner and anyone living on the land reasonable notice before entering. This section is subject to the Public Works Act 1981 when it comes to compensating land owners for any damage.

This section does not apply to local authorities that provide water services and are using powers under subpart 4 of Part 3 of the Local Government (Water Services) Act 2025.

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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=DLM173463.

Topics:
Housing and property > Land useGovernment and voting > Local councilsEnvironment and resources > Water supplyEnvironment and resources > Land drainage
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Part 8Regulatory, enforcement, and coercive powers of local authorities
Powers in relation to private land: Construction of works

181Construction of works on private land

  1. A local authority may construct works on or under private land or under a building on private land that it considers necessary for—

    1. the supply of water through water races:
        1. land drainage and rivers clearance.

          1. A territorial authority may construct works on or under private land or under a building on private land that it considers necessary for sewage and stormwater drainage.

          2. A local authority or a territorial authority, as the case may be, must not exercise the power in subsection (1) or subsection (2) unless it has—

          3. the prior written consent of the owner of the land to the construction of the work; or
            1. complied with the requirements of Schedule 12.

              1. A local authority may enter the land to inspect, alter, renew, repair, or clean any work constructed under this section or under the corresponding provision of a former Act.

              2. The power in subsection (4) must not be exercised without first giving reasonable notice of the intention to enter the land to the owner and occupier (if any).

              3. This section applies subject to the Public Works Act 1981 as to compensation for injurious affection to land.

              4. This section does not apply to a local authority that is a water service provider exercising powers under subpart 4 of Part 3 of the Local Government (Water Services) Act 2025.

              Compare
              Notes
              • Section 181(1)(a): repealed, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
              • Section 181(1)(c): repealed, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
              • Section 181(7): inserted, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).