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New Zealand law explained for everyone

Local Government Act 2002

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

216: Circumstances when court may make removal order

You could also call this:

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

If you want to know when the District Court can make a removal order, here’s what you need to understand:

The court can make a removal order if two main things are true. First, the property must be used by people who have done or are likely to do something against the law. Second, there must be a fence, structure, or plants on the property that cause problems.

These problems could be:

  1. Helping to hide things that shouldn’t be there, like weapons or stolen items.
  2. Making it hard for the police to find or arrest someone who might have broken the law.
  3. Making it easier for someone to break the law from that property.
  4. Being meant to hurt someone.
  5. Looking scary or threatening to people.

If these things are true, then the court might decide to make a removal order for that fence, structure, or plants.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173893.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
Crime and justice > Police and safety
Government and voting > Local councils
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“How to ask the court to make someone change things on their property”

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“You can disagree with a court's decision to remove something”

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

216Circumstances when court may make removal order

  1. The District Court may make a removal order if—

  2. the court is satisfied that the property is occupied, or regularly used, by persons who have been convicted of, or have committed, are committing, or are likely to commit, offences; and
    1. the fence, structure, or vegetation—
      1. has facilitated or contributed to, is facilitating or contributing to, or is intended to facilitate or contribute to—
        1. the concealment on the property of an unauthorised weapon, controlled drug, tainted property, or property that is stolen or obtained by a crime involving dishonesty; or
          1. the avoidance of detection or arrest of a person believed or reasonably suspected to have committed an offence; or
            1. the commission of an offence by a person on or from the property; or
            2. is intended to injure a person; or
              1. is such that the court is satisfied that it may reasonably be regarded as intimidating.

              Compare
              Notes
              • Section 216(b)(ii): amended, on , by section 4 of the Local Government Amendment Act 2009 (2009 No 48).
              • Section 216(b)(iii): added, on , by section 4 of the Local Government Amendment Act 2009 (2009 No 48).