Plain language law

New Zealand law explained for everyone

Local Government Act 2002

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

182: Power of entry to check utility services

You could also call this:

“Law allows officials to check for water or utility problems on your property, but not inside your home”

You need to know about a law that allows local authorities to check utility services. This law gives enforcement officers from local authorities the power to enter land or buildings, but not homes. They can do this to check if water is being wasted or misused, if drainage works are being misused, or if any equipment related to local authority utility services is dangerous.

Before an enforcement officer can enter a property, they must have good reasons to believe there’s a problem. The local authority also needs to tell the person living there that they plan to check the property.

If someone doesn’t let the enforcement officer in or gets in their way, the local authority can limit the water supply to that property. They can do this as described in section 193.

Remember, this law doesn’t allow enforcement officers to enter your home, only other buildings and land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173466.

Topics:
Government and voting > Local councils
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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers in relation to private land: Powers of entry

182Power of entry to check utility services

  1. An enforcement officer of a local authority may enter any land or building (but not a dwellinghouse) for the purpose of ascertaining whether—

  2. water supplied from any waterworks or water race to any land or building is being wasted or misused; or
    1. any drainage works on any land are being misused; or
      1. any appliance or equipment associated with a local authority utility service on the land is in a condition that makes it dangerous to life or property.

        1. The power under subsection (1) may only be exercised if the enforcement officer—

        2. believes on reasonable grounds that the circumstances in any of paragraph (a), paragraph (b), or paragraph (c) of that subsection exist; and
          1. the local authority gives reasonable notice to the occupier of the land or building of the intention to exercise the power.

            1. If an enforcement officer is refused entry or obstructed when exercising the power in subsection (1), the local authority may restrict the water supply to the land or building, as provided for in section 193.

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