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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:

"Asking the court to make someone fix or remove something on their property"

Illustration for Local Government Act 2002

You can ask the District Court for a removal order if you are a territorial authority or a constable. This order can require someone to remove or alter a fence, structure, or vegetation on their property. You can make this application without notice, using the form prescribed in Subpart 4 of Part 20 of the District Court Rules 2014.

When you make an application, Schedule 14 will apply to it.

You will need to follow the rules to make this application.

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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=DLM173891.

Topics:
Crime and justice > Courts and legal helpHousing and property > Land use
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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 8Regulatory, 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).