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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Removal orders

212: Interpretation

You could also call this:

“Words used in this part of the law and what they mean”

In sections 215 to 221 and Schedule 14 of this law, you’ll find some important words explained. Here’s what they mean:

“Alter” means to change a fence, structure, or vegetation. This can include taking it down if you’re going to rebuild or replant it in a way the removal order says.

An “applicant” is a local council or police officer who asks for a removal order under section 215.

A “controlled drug” is defined in section 2(1) of the Misuse of Drugs Act 1975.

“Court” means the District Court, including a District Court Judge.

A “crime involving dishonesty” is explained in section 2(1) of the Crimes Act 1961.

A “plan” is defined in section 2(1) of the Resource Management Act 1991.

“Proceeds” are things someone gets from committing a serious crime, either directly or indirectly.

A “proposed plan” is also defined in section 2(1) of the Resource Management Act 1991.

A “removal order” or “order” is a command made under section 216 to take away or change a fence, structure, or vegetation.

A “respondent” is the person who’s been asked to follow a removal order, or who has had one made against them.

A “serious offence” is a crime that can be punished with 5 or more years in prison.

“Tainted property” is stuff used to commit a serious crime or things gotten from committing one.

An “unauthorised weapon” is something made or changed to hurt people, or that could be used to hurt people. For crimes against the Arms Act 1983 or crimes that can lead to prison, it also includes guns, explosives, and bullets as defined in that Act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173859.

Topics:
Crime and justice > Criminal law
Government and voting > Local councils
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211: Application of other Acts, or

“This law works with other laws about buildings and managing resources”

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213: Application of District Court Rules to removal orders, or

“Rules for asking the court to remove something”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Removal orders

212Interpretation

  1. In sections 215 to 221 and Schedule 14, unless the context otherwise requires,—

    alter, in relation to a fence, structure, or vegetation, includes the removal of all or part of the fence, structure, or vegetation if that removal is associated with its rebuilding or re-erection or replanting in a form specified in the removal order

      applicant means a territorial authority or constable who applies for a removal order under section 215

        controlled drug has the meaning given to it by section 2(1) of the Misuse of Drugs Act 1975

          court means the District Court; and includes a District Court Judge

            crime involving dishonesty has the meaning given to it by section 2(1) of the Crimes Act 1961

              plan has the meaning given to it by section 2(1) of the Resource Management Act 1991

                proceeds means property that is derived or realised, directly or indirectly, by a person from the commission of a serious offence

                  proposed plan has the meaning given to it by section 2(1) of the Resource Management Act 1991

                    removal order or order means an order made under section 216 to remove or alter any fence, structure, or vegetation

                      respondent means the person against whom an application for a removal order has been made; and includes a person against whom a removal order is made

                        serious offence means an offence punishable by imprisonment for a term of 5 years or more

                          tainted property means—

                          1. property used to commit, or to facilitate the commission of, a serious offence:
                            1. proceeds

                              unauthorised weapon—

                              1. means an article made or altered for use, or capable of being used, for causing bodily injury; and
                                1. includes, in respect of an offence against the Arms Act 1983 or an imprisonable offence committed or about to be committed,—
                                  1. a firearm, airgun, pistol, prohibited firearm, prohibited magazine, restricted weapon, or explosive, as those terms are defined in the Arms Act 1983:
                                    1. any ammunition.

                                  Compare
                                  Notes
                                  • Section 212 applicant: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                  • Section 212 court: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                  • Section 212 plan: inserted, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                  • Section 212 plan: repealed, on , by section 805(1) of the Natural and Built Environment Act 2023 (2023 No 46).
                                  • Section 212 proposed plan: inserted, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                  • Section 212 proposed plan: repealed, on , by section 805(1) of the Natural and Built Environment Act 2023 (2023 No 46).
                                  • Section 212 unauthorised weapon paragraph (b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                  • Section 212 unauthorised weapon paragraph (b)(i): replaced, on , by section 73 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).