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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:

"Checking utility services on private land: when officials can enter to check for problems"

Illustration for Local Government Act 2002

If you are an enforcement officer for a local authority, you can enter land or a building to check if utility services are being used correctly. You can do this to see if water is being wasted, if drainage works are being misused, or if any equipment is dangerous. You can only do this if you have a good reason to believe there is a problem and you give the person in charge of the land or building reasonable notice.

You need to believe that water is being wasted, drainage works are being misused, or equipment is dangerous before you can enter the land or building. The local authority must also give the person in charge of the land or building reasonable notice that you will be entering.

If you are refused entry or obstructed, the local authority can restrict the water supply to the land or building, as provided for in section 193.

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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=DLM173466.

Topics:
Housing and property > Land useEnvironment and resources > ConservationEnvironment and resources > Town planning
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Part 8Regulatory, 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 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.

            Compare
            Notes
            • Section 182(1)(a): amended, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).