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New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Removal orders - Objection to making of removal order

218: Consideration of objections

You could also call this:

“How a court looks at and decides on objections to removal orders”

When someone objects to a removal order, a court will consider their objection. After thinking about it, the court can do one of three things:

  1. They can say the order stays the same.
  2. They can keep the order but change some parts of it.
  3. They can cancel the order completely.

The court also has the power to throw out an objection if they think it’s silly, mean-spirited, or misusing the court’s time. They can do this without looking at any other options.

If you want to know more about how to make an objection, you can look at section 217(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173896.

Topics:
Government and voting > Local councils
Crime and justice > Courts and legal help
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217: Right of objection, or

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

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“The High Court's decision on an appeal is the final say and can't be challenged further.”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Removal orders: Objection to making of removal order

218Consideration of objections

  1. After considering any objection made under section 217(1) to a removal order, the court may—

  2. confirm the order; or
    1. confirm the order but vary all or any of its terms; or
      1. discharge the order.

        1. Without limiting the powers of the court, the court may strike out an objection made under section 217(1) if it is satisfied that the objection is frivolous or vexatious or an abuse of the procedure of the court.

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