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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers in relation to private land - Default by owner or occupier

186: Local authority may execute works if owner or occupier defaults

You could also call this:

“Council can step in and do property work if owners or renters don't”

If you own or rent a property and are asked to do some work on it by the local authority, you need to do it within the time they give you. If you don’t start the work on time, or if the work is urgent and you don’t start within 24 hours, or if you’re not working fast enough, the local authority can step in.

The local authority can do the work themselves if you don’t do it. They can then make you pay for the cost of doing the work, plus some extra for administration charges. The person who was supposed to do the work in the first place (either the owner or the renter) is the one who has to pay.

The local authority can get rid of any materials left over from the work. If they sell these materials, they’ll use the money to help pay for the work and give you any extra money left over.

Even if the local authority does the work for you, you can still get in trouble for not doing it yourself when you were asked to.

The work that the local authority does in these cases is considered a ‘public work’ under the Public Works Act 1981.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173478.

Topics:
Housing and property > Renting
Housing and property > Home safety and repairs
Government and voting > Local councils
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185: Occupier may act if owner of premises makes default, or

“Renters can fix things if the landlord doesn't, with council approval”

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187: Recovery of cost of works by local authority, or

“If you break the rules, your council can fix it and make you pay”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers in relation to private land: Default by owner or occupier

186Local authority may execute works if owner or occupier defaults

  1. This section applies if an owner or occupier of private premises is required to execute, provide, or do any works, materials, or things on, or in connection with, any premises or other matter, and—

  2. the owner or occupier, after notice requiring him or her to do so, defaults in commencing to comply within the time specified in the notice or, if no time is specified in the notice, within a reasonable time; or
    1. the work is certified in writing by an officer of the local authority to be urgent, and the contents of the certificate have been communicated to the owner or occupier, and the default is made for 24 hours after the time of the communication; and
      1. in either case, the owner or occupier does not proceed with the work with all reasonable expedition.

        1. The local authority may, if it thinks fit,—

        2. itself execute, provide, or do the works, materials, and things; and
          1. recover from the owner or occupier as a debt the cost of doing so.

            1. Money payable to the local authority under subsection (2) is recoverable from the owner or occupier, as the case may be, together with reasonable administration charges.

            2. However, the person primarily liable under subsection (3) is the owner or occupier in default, as the case may be.

            3. The local authority—

            4. may destroy, sell, or otherwise dispose of any materials resulting from doing any work under this section; and
              1. must apply the proceeds of sale towards payment of the amount payable under subsection (2) and pay the surplus (if any) to the owner.

                1. The exercise of powers under this section by the local authority does not relieve any person from any penalty for failing to comply with the requirements of a notice under this Act.

                2. Any work done or to be done by the local authority under this section is a public work for the purposes of the Public Works Act 1981.

                Compare
                Notes
                • Section 186(1)(b): amended, on , by section 35(1) of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                • Section 186(5)(b): amended, on , by section 35(2) of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).