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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Removal orders - Application for removal order

215: Application for removal order

You could also call this:

“How to ask the court to make someone change things on their property”

You or a police officer can ask the District Court to make someone remove or change a fence, structure, or plants on their property. You don’t need to tell the property owner or occupier before you ask the court. This is called applying for a removal order.

To apply for a removal order, you need to fill out a special form. You can find this form in Subpart 4 of Part 20 of the District Court Rules 2014.

There are some special rules about how to apply for a removal order. These rules are in Schedule 14 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173891.

Topics:
Government and voting > Local councils
Housing and property > Land use
Crime and justice > Courts and legal help
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214: Scope of rules made under section 213, or

“Rules for handling removal orders and related papers”

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216: Circumstances when court may make removal order, or

“When a court can order the removal of things that help hide illegal activities or scare people”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Removal orders: Application for removal order

215Application for removal order

  1. A territorial authority or constable may, without notice, apply to the District Court in the form prescribed in Subpart 4 of Part 20 of the District Court Rules 2014 for a removal order requiring an owner or occupier of any property to remove or alter a fence, structure (whether or not forming part of a dwellinghouse or other building), or vegetation.

  2. Schedule 14 applies to applications made under this section.

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Notes
  • Section 215(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 215(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).