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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Removal orders - Compliance with removal order

220: Compliance with removal order

You could also call this:

“Following the rules when you're told to remove something from your property”

If nobody objects to a removal order, or if the court confirms it, you must follow the order within the time given. You also need to pay for the costs of following the order, unless the order says otherwise.

If you don’t follow the order, the person who asked for it can take action. They can enter the place where the fence, structure, or plants are, if the court allows it. They can remove or change these things as the order says. They can sell or get rid of any materials left over. They can also make you pay for the costs of doing all this work.

If you don’t pay these costs, they can be registered as a charge on the property where the removal order was made. This means the debt is tied to the property.

The rules about building work in the Building Act don’t apply when removing or changing a fence, structure, or plants as part of a removal order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174000.

Topics:
Government and voting > Local councils
Housing and property > Land use
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“Rules for entering property to make sure removal orders are followed”

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

220Compliance with removal order

  1. If no notice of objection to a removal order is lodged under section 217(1), or if the court confirms an order under section 218(1) with or without variation, the respondent must—

  2. comply with a removal order within the period specified in the order; and
    1. unless the order directs otherwise, pay all the costs and expenses of complying with the order.

      1. If the respondent fails to comply with a removal order, the applicant, without further notice, and using the force that is reasonable in the circumstances, may—

      2. enter the place where the fence, structure, or vegetation is situated and any portion of the adjoining land if reasonably necessary and authorised by the court in the removal order; and
        1. remove or alter the fence, structure, or vegetation, or arrange for its removal or alteration in accordance with the terms of the removal order; and
          1. sell or otherwise dispose of structures or materials salvaged in complying with the order; and
            1. after allowing for any money received under paragraph (c), recover the costs and expenses incurred in carrying out the terms of the removal order as a debt from the respondent.

              1. Costs or expenses that remain unpaid under subsection (2)(d) may be registered under subpart 5 of Part 3 of the Land Transfer Act 2017 as a charge on a property in respect of which a removal order is made.

              2. Section 40 of the Building Act 2004 does not apply to the removal or alteration of a fence, structure, or vegetation in accordance with this section.

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              Notes
              • Section 220(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
              • Section 220(4): amended, on , by section 414 of the Building Act 2004 (2004 No 72).